BASE REUSE 

IMPLEMENTATION 

MANUAL 

(BRIM) 

December 1997 

Prepared by the 

Office of the Deputy Under Secretary of Defense 

(Industrial Affairs and Installations) 

In cooperation with the Military Departments and 

The Office of the Secretary of Housing and Urban Development 
December 1997 i

Table of Contents

Acronyms, Abbreviations and Definitions vii

1 Introduction 1-1

1.1 PURPOSE 1-1

1.2 PHILOSOPHY AND GOALS 1-1

1.3 HISTORY 1-3

1.4 MANUAL CONTENTS 1-6

1.5 AVAILABILITY ON LINE 1-7

1.6 UPDATES 1-7

2 Base Reuse Process Overview 2-1

2.1 PHASE ONE: BASE-WIDE REUSE PLANNING 2-4

2.1.1 Comprehensive land-use and redevelopment planning...........................................................2-6

2.1.2 Environmental impact and other impact analyses...................................................................2-6

2.1.3 The BRAC Environmental Process .........................................................................................2-9

2.1.4 Installation management.......................................................................................................2-11

2.2 PHASE TWO: DISPOSAL DECISION MAKING 2-12

2.3 PHASE THREE: PARCEL-BY-PARCEL DECISION IMPLEMENTATION 2-12

2.3.1 Asbestos containing materials ..............................................................................................2-14

2.3.2 Institutional controls..............................................................................................................2-15

3 Identifying Interests in Real Property and Reuse Planning 3-1

3.1 INTRODUCTION 3-1

3.1.1 Philosophy and goal ...............................................................................................................3-1

3.1.2 A New Reuse Planning Process—General practice for BRAC 95............................................3-2

3.2 IDENTIFYING DOD AND FEDERAL PROPERTY NEEDS 3-5

3.2.1 Issuing notices of availability ..................................................................................................3-5

3.2.2 Receiving and evaluating requests for property ......................................................................3-8

3.2.3 Making final determinations..................................................................................................3-10

3.3 IDENTIFYING INTERESTS IN SURPLUS PROPERTY 3-11

3.3.1 Publicizing the availability of property...................................................................................3-11

3.3.2 Soliciting notices of interest ..................................................................................................3-11

3.3.3 Information required in a notice of interest............................................................................3-13

3.4 PREPARING THE REDEVELOPMENT PLAN AND ACCOMMODATING HOMELESS ASSISTANCE NEEDS 3-14

3.4.1 Considering and accommodating notices of interest .............................................................3-14

3.4.2 Contents of the redevelopment plan .....................................................................................3-15
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ii December 1997

3.5 REVIEW OF HOMELESS ASSISTANCE APPLICATION FOR APPROVAL 3-18

3.5.1 Application to HUD ...............................................................................................................3-18

3.5.2 HUD review of the application ..............................................................................................3-19

3.5.3 Revision of the application and redevelopment plan .............................................................3-21

3.5.4 Determining eligibility to receive property under public-purpose conveyances ......................3-23

3.6 ACCOMMODATING HOMELESS ASSISTANCE NEEDS UNDER TITLE XXIX OF PUB. L. 103-160

(BRAC 88, 91, AND 93 BASES) 3-23

4 Personal Property 4-1

4.1 INTRODUCTION 4-1

4.1.1 Philosophy and goal ...............................................................................................................4-1

4.1.2 Definition of personal property................................................................................................4-1

4.1.3 General practice .....................................................................................................................4-1

4.2 PERSONAL PROPERTY INVENTORY 4-3

4.2.1 Inventory requirement.............................................................................................................4-3

4.2.2 Procedure...............................................................................................................................4-4

4.2.3 Personal property categories ..................................................................................................4-4

4.2.4 Eligibility criteria for personal property items identified as

“not available for reuse” or “not needed for redevelopment”....................................................4-5

4.3 REQUIRED LRA CONSULTATION 4-7

4.3.1 Initial LRA consultation ...........................................................................................................4-7

4.3.2 Follow-up LRA consultation ....................................................................................................4-8

4.3.3 Off-base movement of personal property................................................................................4-9

4.4 PERSONAL PROPERTY TRANSFER METHODS 4-9

4.4.1 Principal authorities affecting personal property transfers .......................................................4-9

4.4.2 Leases..................................................................................................................................4-10

4.4.3 Public airport conveyances...................................................................................................4-10

4.4.4 Public benefit conveyances and similar approved, sponsored, or requested conveyances....4-10

4.4.5 Homeless assistance conveyances.......................................................................................4-10

4.4.6 Economic development conveyances...................................................................................4-11

4.4.7 Negotiated sales of related personal property to public entities.............................................4-14

4.4.8 Public sales of personal property with real property ..............................................................4-14

4.4.9 Leases in furtherance of conveyance....................................................................................4-14

4.4.10 Special transfer categories ...................................................................................................4-14

4.4.11 Sale and donation of surplus personal property.....................................................................4-14

4.5 FUNCTIONALLY EQUIVALENT PERSONAL PROPERTY 4-15

4.5.1 Substitution of functionally equivalent similar items..............................................................4-15

4.5.2 Definition of “similar” ............................................................................................................4-16

4.6 AIR EMISSION RIGHTS TRADING GUIDANCE 4-16

4.6.1 Clean Air Act ........................................................................................................................4-16

4.6.2 Guidance and implementation ..............................................................................................4-17

5 Leasing for Reuse 5-1

5.1 INTRODUCTION 5-1

5.1.1 Philosophy and goal ...............................................................................................................5-1

5.1.2 Summary................................................................................................................................5-2

5.1.3 Definition of lease types .........................................................................................................5-2

5.1.4 General practice for leasing real property at BRAC installations .............................................5-3
DoD Base Reuse Implementation Manual

December 1997 iii

5.2 LEASING GUIDANCE 5-6

5.2.1 General guidance ...................................................................................................................5-6

5.2.2 Interim leasing guidance.........................................................................................................5-6

5.2.3 Guidance for leasing in furtherance of conveyance...............................................................5-11

5.2.4 Environmental/related guidance ...........................................................................................5-13

5.3 APPLYING FOR AN INTERIM LEASE 5-14

5.3.1 Expression of interest ...........................................................................................................5-14

5.3.2 Initial meeting/application package .......................................................................................5-15

6 Maintenance, Utilities, and Services 6-1

6.1 INTRODUCTION 6-1

6.1.1 Philosophy and goal ...............................................................................................................6-1

6.1.2 General practice ....................................................................................................................6-2

6.2 ESTABLISHING INITIAL MAINTENANCE LEVELS IN CONSULTATION WITH THE LRA 6-3

6.2.1 Determining initial maintenance levels....................................................................................6-3

6.2.2 Maintenance levels at BRAC installations...............................................................................6-4

6.2.3 Maintenance periods ..............................................................................................................6-4

6.2.4 Disagreements .......................................................................................................................6-6

6.3 FACILITY MAINTENANCE AND COMMON SERVICES 6-6

6.3.1 Maintenance providers ...........................................................................................................6-6

6.3.2 Maintenance activities ............................................................................................................6-7

6.3.3 Activities not considered maintenance....................................................................................6-8

6.3.4 Common services...................................................................................................................6-8

6.4 EQUIPMENT AND PERSONAL PROPERTY MAINTENANCE 6-8

6.5 UTILITY SYSTEM MAINTENANCE, OPERATION, AND DISPOSAL 6-10

6.5.1 DoD policy guidance.............................................................................................................6-10

6.5.2 Time periods for military operation of utilities........................................................................6-11

6.5.3 Disposal authorities for utility systems ..................................................................................6-11

7 Economic Development Conveyances 7-1

7.1 INTRODUCTION 7-1

7.1.1 A new authority: an additional tool for communities ...............................................................7-1

7.1.2 Philosophy behind an EDC—Keys to success.........................................................................7-1

7.1.3 Definition of an EDC...............................................................................................................7-2

7.1.4 Appropriate uses of an EDC ...................................................................................................7-2

7.1.5 Eligible EDC recipients...........................................................................................................7-3

7.2 APPLICATION PROCEDURES 7-3

7.2.1 Timing of the EDC application ................................................................................................7-4

7.2.2 Amount of property included in an EDC..................................................................................7-4

7.2.3 Contents of the application .....................................................................................................7-4

7.2.4 Valuation ................................................................................................................................7-7

7.3 APPLICATION REVIEW AND APPROVAL 7-9

7.3.1 Authority to approve an application.........................................................................................7-9

7.3.2 Criteria used to evaluate an application ................................................................................7-10

7.3.3 Approach for application review............................................................................................7-11

7.4 CONSIDERATION 7-11

7.4.1 Guidelines for determining terms and conditions...................................................................7-11
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iv December 1997

7.4.2 Justification for discount .......................................................................................................7-12

7.4.3 Rural bases ..........................................................................................................................7-13

7.4.4 Financing..............................................................................................................................7-13

7.5 CASE STUDIES OF TWO SUCCESSFUL EDCS 7-15

7.5.1 Sacramento Army Depot ......................................................................................................7-15

7.5.2 Norton Air Force Base ..........................................................................................................7-16

8 Leasebacks 8-1

8.1 INTRODUCTION 8-1

8.1.1 Legislative History ..................................................................................................................8-1

8.1.2 A new conveyance method—LRA property ownership while meeting Federal needs ..............8-2

8.1.3 Appropriate uses of a leaseback.............................................................................................8-2

8.1.4 Other options to satisfy Federal property needs......................................................................8-2

8.1.5 Eligible leaseback recipient ....................................................................................................8-3

8.2 DETERMINING POSSIBLE LEASEBACK TRANSFERS 8-3

8.2.1 Step 1 - Federal screening .....................................................................................................8-3

8.2.2 Step 2 - Excess and surplus determination .............................................................................8-3

8.2.3 Step 3 - Initial discussions ......................................................................................................8-4

8.2.4 Step 4 - The Redevelopment Act process...............................................................................8-4

8.3 REQUESTING A LEASEBACK 8-4

8.3.1 LRAs that are pursuing an EDC..............................................................................................8-4

8.3.2 LRAs that are not pursuing an EDC........................................................................................8-5

8.4 PROPERTY CONVEYANCE 8-5

8.4.1 EDC leaseback conveyance...................................................................................................8-5

8.4.2 Stand-alone leaseback conveyance........................................................................................8-5

8.5 LEASE TERMS 8-6

8.5.1 General guidance ...................................................................................................................8-6

8.5.2 Statutory and regulatory requirements....................................................................................8-6

8.5.3 Applicability of existing Federal leasing authorities and requirements.....................................8-7

8.6 END OF FEDERAL USE 8-7

Appendix A: Laws and Regulations Affecting Base Reuse Implementation A-1

Appendix B: Base Closure and Reuse Laws and Amendments B-1

BASE CLOSURE COMMUNITY ASSISTANCE ACT (PUB. L. 103-160, TITLE XXIX, SUBTITLE A) B-3

BASE CLOSURE COMMUNITY REDEVELOPMENT AND HOMELESS ASSISTANCE ACT OF 1994

(PUB. L. 103-421) B-20

DEFENSE BASE CLOSURE AND REALIGNMENT ACT OF 1990, AS AMENDED B-28

Appendix C: 32 CFR Parts 174, 175, and 176 C-1

32 CFR PART 174: REVITALIZING BASE CLOSURE COMMUNITIES C-3

32 CFR PART 175: REVITALIZING BASE CLOSURE COMMUNITIES—

BASE CLOSURE COMMUNITY ASSISTANCE C-5
DoD Base Reuse Implementation Manual

December 1997 v

32 CFR PART 176: REVITALIZING BASE CLOSURE COMMUNITIES—

COMMUNITY REDEVELOPMENT AND HOMELESS ASSISTANCE C-23

Appendix D: Leasing Materials D-1

MODEL LEASE APPLICATION PACKAGE D-3

GUIDE FOR MILITARY DEPARTMENT INTERNAL REVIEW OF INTERIM LEASE REQUESTS D-9

MODEL LEASE PROVISIONS D-19

LEASING POLICY MEMOS D-27

Appendix E: Regulations for Real Property Transfers and

Public Benefit Conveyances E-1

41 CFR PART 101-47—UTILIZATION AND DISPOSAL OF REAL PROPERTY E-3

(FEDERAL PROPERTY MANAGEMENT REGULATIONS)

45 CFR PART 12—DISPOSAL AND UTILIZATION OF SURPLUS REAL PROPERTY FOR E-45

PUBLIC HEALTH PURPOSES (DEPARTMENT OF HEALTH AND HUMAN SERVICES)

34 CFR PART 12—DISPOSAL AND UTILIZATION OF SURPLUS FEDERAL REAL PROPERTY FOR E-49

EDUCATIONAL PURPOSES (DEPARTMENT OF EDUCATION)

400 DEPARTMENTAL MANUAL—UTILIZATION AND DISPOSAL OF REAL PROPERTY E-55

(DEPARTMENT OF THE INTERIOR)

43 CFR PART 2370—RESTORATIONS AND REVOCATIONS (BUREAU OF LAND MANAGEMENT) E-63

36 CFR PART 800—PROTECTION OF HISTORIC AND CULTURAL PROPERTIES E-65

(NATIONAL HISTORIC PRESERVATION ACT)

60 FEDERAL REGISTER (FR) 35706—FINAL RULE FOR PUBLIC BENEFIT CONVEYANCES OF E-73

PORT FACILITIES (GENERAL SERVICES ADMINISTRATION)

46 FEDERAL REGISTER (FR) 42466—FINAL RULE FOR PUBLIC BENEFIT CONVEYANCE OF E-79

PORT FACILITIES (DEPARTMENT OF TRANSPORTATION)

Appendix F: DoD Environmental Policies and Guidance F-1

DOD GUIDANCE AND POLICIES ON FAST TRACK CLEANUP AT CLOSING INSTALLATIONS F-3

(9 SEPTEMBER 1993)

DoD Guidance on Establishing Base Realignment and Closure Cleanup Teams...............................F-5

DoD Guidance on Accelerating the NEPA Analysis Process for Base Disposal Decisions .................F-9

DoD Guidance on Improving Public Involvement in Environmental Cleanup at Closing Bases........F-12

DoD Policy on the Environmental Review Process to Reach a........................................................F-15

Finding of Suitability to Lease (FOSL)

DoD Policy on the Implementation of the Community Environmental Response .............................F-23

Facilitation Act (CERFA)

DOD GUIDANCE ON THE ENVIRONMENTAL REVIEW PROCESS TO REACH A FINDING OF F-27

SUITABILITY TO TRANSFER (1 JUNE 1994)

DoD Guidance on the Environmental Review Process to Reach a Finding of ..................................F-29

Suitability to Transfer (FOST) for Property Where Release or Disposal Has Occurred
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vi December 1997

DoD Guidance on the Environmental Review Process to Reach a Finding of ..................................F-34

Suitability to Transfer (FOST) for Property Where No Release or Disposal Has Occurred

DOD RESTORATION ADVISORY BOARD (RAB) IMPLEMENTATION GUIDELINES (27 SEPTEMBER 1994) F-39

DOD POLICIES ON ASBESTOS, LEAD-BASED PAINT, AND RADON AT BASE REALIGNMENT AND F-63

CLOSURE PROPERTIES (31 OCTOBER 1994)

DOD GUIDANCE ON IMPLEMENTATION OF AUTHORITY TO TRANSFER PROPERTY F-69

BEFORE COMPLETING REMEDIATION (24 SEPTEMBER 1996)

DOD GUIDANCE ON CLARIFICATION OF “UNCONTAMINATED” ENVIRONMENTAL CONDITION F-73

OF PROPERTY AT BASE REALIGNMENT AND CLOSURE INSTALLATIONS (21 OCTOBER 1996)

DOD POLICY ON RESPONSIBILITY FOR ADDITIONAL ENVIRONMENTAL CLEANUP F-77

AFTER TRANSFER OF REAL PROPERTY (25 JULY 1997)

Appendix G: Federal Points of Contact for Base Reuse G-1
December 1997 vii

Acronyms, Abbreviations and 

Definitions

Acronyms and Abbreviations

ACM Asbestos Containing Material

AHPA Archeological and Historic Preservation Act, 16 U.S.C. § 469

AHERA Asbestos Hazard Emergency Response Act, Pub. L. 99-519

AIRFA American Indian Religious Freedom Act, 42 U.S.C. § 1996

AQCR Air Quality Control Region

ARARs Applicable or Relevant and Appropriate Requirements

AST Aboveground Storage Tank

BCCRHAA 94 Base Closure Community Redevelopment and Homeless Assistance Act of 1994, 

Pub. L. 103-421 (known as the “Redevelopment Act”)

BCRA 88 Defense Authorization Amendments and Base Closure and Realignment Act of 1988, 

Pub. L. 100-526, as amended

BCP BRAC Cleanup Plan

BCT BRAC Cleanup Team

BEC BRAC Environmental Coordinator

BEST Building Economic Solution Together

BGEPA Bald and Golden Eagle Protection Act, 16 U.S.C. § 668

BIA Bureau of Indian Affairs

BLM Bureau of Land Management

BOQ Bachelor Officers Quarters

BRAC Base Realignment and Closure

BTC Base Transition Coordinator

BCTO Base Closure and Transition Office

CAA Clean Air Act, 42 U.S.C. § 7401 et seq., as amended

CATEX Categorical Exclusion from NEPA environmental impact analysis

CDBG Community Development Block Grant

CERCLA Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. § 9601 

et seq., as amended

CERFA Community Environmental Response Facilitation Act, Pub. L. 102-426

CFR Code of Federal Regulations

CO Commanding Officer

CWA Clean Water Act, 33 U.S.C. §§ 1251–1387, as amended

CZMA Coastal Zone Management Act, 16 U.S.C. §§ 1451–1464

DBCRA 90 Defense Base Closure and Realignment Act of 1990, Pub. L. 101-510, as amended

DDESB Department of Defense Explosive Safety Board

DEIS Draft Environmental Impact Statement
Acronyms and Abbreviations

viii December 1997

DERP Defense Environmental Restoration Program

DoD Department of Defense

DOEd Department of Education

DOI Department of the Interior

DOJ Department of Justice

DOT Department of Transportation

DRMO Defense Reutilization and Marketing Office

DSMOA Defense-State Memorandum of Agreement

DWCF Defense Working Capital Fund

EA Environmental Assessment

EBS Environmental Baseline Survey

EDA Economic Development Administration

EDC Economic Development Conveyance

EIS Environmental Impact Statement

E.O. Executive Order

EPA Environmental Protection Agency

ERC Emission Reduction Credit

ESA Endangered Species Act, 16 U.S.C. §§ 1531–1544

FAA Federal Aviation Administration

FEIS Final Environmental Impact Statement

FFA Federal Facility Agreement

FIFRA Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. § 136 et seq.

FMV Fair Market Value

FONSI Finding of No Significant Impact

FOSL Finding of Suitability to Lease

FOST Finding of Suitability to Transfer

FPASA Federal Property and Administrative Services Act of 1949, 40 U.S.C. § 471 et seq., as amended

FPMR Federal Property Management Regulations, 41 CFR Part 101-47

FWCA Fish and Wildlife Coordination Act, 16 U.S.C. §§ 661–666

GAO General Accounting Office

GSA General Services Administration

HHS Department of Health and Human Services

HUD Department of Housing and Urban Development

IAG Interagency Agreement

IRP Installation Restoration Program

IVDA Inland Valley Development Authority

LBPPPA Lead-Based Paint Poisoning Prevention Act, 42 U.S.C. §§ 4801–4846

LRA Local Redevelopment Authority

MBTA Migratory Bird Treaty Act, 16 U.S.C. §§ 703–712

NAGPRA Native American Graves Protection and Repatriation Act, 25 U.S.C. §§ 3001-3013

NAF Non-Appropriated Fund
DoD Base Reuse Implementation Manual

December 1997 ix

NCP National Oil and Hazardous Substances Pollution Contingency Plan, 40 CFR Part 300

NDAA 92/93 National Defense Authorization Act for Fiscal Years 1992 and 1993, Pub. L. 102-190

NDAA 93 National Defense Authorization Act for Fiscal Year 1993, Pub. L. 102-484

NDAA 94 National Defense Authorization Act for Fiscal Year 1994, Pub. L. 103-160

NDAA 95 National Defense Authorization Act for Fiscal Year 1995, Pub. L. 103-337

NDAA 96 National Defense Authorization Act for Fiscal Year 1996, Pub. L. 104-106

NDAA 97 National Defense Authorization Act for Fiscal Year 1997, Pub. L. 104-201

NEPA National Environmental Policy Act of 1969, 42 U.S.C. § 4321 et seq., as amended

NHPA National Historic Preservation Act, 16 U.S.C. § 470

NOI Notice of Intent

NPDES National Pollutant Discharge Elimination System

NPL National Priorities List

ODUSD(ES) Office of the Deputy Under Secretary of Defense (Environmental Security)

ODUSD(IA&I) Office of the Deputy Under Secretary of Defense (Industrial Affairs and Installations)

OEA Office of Economic Adjustment

OMB Office of Management and Budget

OSD Office of the Secretary of Defense

Pub. L. Public Law

PBC Public Benefit Conveyance

PBCUA Public Buildings Cooperative Use Act, 40 U.S.C. §§ 490, 601a, 606, 611, 612a

PCBs Polychlorinated Biphenyls

RAB Restoration Advisory Board

RCRA Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq., as amended

RLBPHRA Residential Lead-Based Paint Hazard Reduction Act, Title X of Pub. L. 102-550

ROD Disposal Record of Decision under NEPA

ROI Return on Investment

SAAD Sacramento Army Depot

SASP State Agency for Surplus Property

SDWA Safe Drinking Water Act, 42 U.S.C. §§ 300f–300j-26

SIP State Implementation Plan

SPA Surplus Property Act of 1944, 50 U.S.C. App. § 1622(d), and 49 U.S.C. §§ 47151–47153,

as amended

TSCA Toxic Substances Control Act, 15 U.S.C. §§ 2601–2671

URARPAPA Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 

Pub. L. 91-646

U.S.C. United States Code

UST Underground Storage Tank

WPFPA Watershed Protection and Flood Prevention Act, 16 U.S.C. § 1001 et seq.

WSRA Wild and Scenic Rivers Act, 16 U.S.C. § 1271
Acronyms and Abbreviations

x December 1997

Definitions

Base Closure Law. The provisions of Title II of the Defense Authorization Amendments and Base Closure and 

Realignment Act (Pub. L. 100-526, 102 Stat. 2623, 10 U.S.C. § 2687 note), or the Defense Base Closure and 

Realignment Act of 1990 (Pub. L. 101-510, Part A of Title XXIX of 104 Stat. 1808, 10 U.S.C § 2687 note).

Closure. All missions of the installation have ceased or have been relocated. All personnel positions (military, 

civilian and contractor) have either been eliminated or relocated, except for personnel required for caretaking, 

conducting any ongoing environmental cleanup, and disposal of the base, or personnel remaining in authorized 

enclaves.

Communities in the Vicinity of the Installation. The communities that constitute the political jurisdictions (other than 

the State in which the installation is located) that comprise the redevelopment authority for the installation. If no 

redevelopment authority is formed at the local level, and the State is serving in that capacity, the communities in 

the vicinity of the installation are deemed to be those political jurisdiction(s) (other than the State) in which the 

installation is located.

Consolidated Plan. The plan prepared in accordance with the requirements of 24 CFR Part 91.

Consultation. Explaining and discussing an issue, considering objections, modifications, and alternatives; but 

without a requirement to reach agreement.

Date of approval. The date on which the authority of Congress to disapprove Defense Base Closure and Realignment 

Commission recommendations for closures or realignments of installations expires under Title XXIX of 

Pub. L. 101-510 (104 Stat. 1808), as amended. 

Excess property. Any property under the control of a Military Department that the Secretary concerned determines 

is not required for the needs of the Department of Defense.

Installation. A base, camp, post, station, yard, center, homeport facility for any ship, or other activity under the 

jurisdiction of the Department of Defense, including any leased facility. Such term does not include any facility 

used primarily for civil works, rivers and harbors projects, flood control, or other projects not under the primary 

jurisdiction or control of the Department of Defense.

Local Redevelopment Authority (LRA). Any authority or instrumentality established by State or local government and 

recognized by the Secretary of Defense, through the Office of Economic Adjustment, as the entity responsible for 

developing the redevelopment plan with respect to the installation or for directing implementation of the plan. 

Realignment. Any action that both reduces and relocates functions and DoD civilian personnel positions, but does 

not include a reduction in force resulting from workload adjustments, reduced personnel or funding levels, skill 

imbalances, or other similar cause. A realignment may terminate the DoD requirement for the land and facilities on 

part of an installation. That part of the installation shall be treated as “closed” for purposes of this part.

Representative(s) of the homeless. A State or local government agency or private nonprofit organization, including a 

homeless assistance planning board, which provides or proposes to provide services to the homeless.

Rural. An area outside a Metropolitan Statistical Area.

Similar Use. A use that is comparable to or essentially the same as the use under the original lease.

Substantially equivalent. Property that is functionally suitable for the proposed use. For example, if the 

representative of the homeless had an approved application for a building which would accommodate 

100 homeless persons in an emergency shelter, the replacement facility would also have to accommodate 100 at a 

comparable cost for renovation.
DoD Base Reuse Implementation Manual

December 1997 xi

Substantially equivalent funding. Sufficient funding to acquire a substitute facility. For example, if the approved 

homeless assistance submission was for an emergency shelter that would accommodate 100 homeless, substantially 

equivalent funding would mean the funds necessary to acquire a comparable facility at another location.

Surplus property. Any excess property not required for the needs and the discharge of the responsibilities of all 

Federal agencies. Authority to make this determination, after screening with all Federal agencies, rests with the 

Military Departments.
December 1997 1-1

1

Introduction

1.1 PURPOSE

This Manual has been prepared by the Office of the Deputy Under Secretary of 

Defense (Industrial Affairs and Installations)1, in cooperation with the Military 

Departments, and the Office of the Secretary of Housing and Urban 

Development, to:

• Provide supplemental guidance for those carrying out the regulations for 

revitalizing base closure communities and community assistance [32 Code of 

Federal Regulations (CFR) Parts 174, 175, and 176].

• Identify common-sense approaches and general practices for the Military 

Departments to follow during various aspects of base reuse implementation.

• Provide a common set of guidelines that allow flexibility for the Military 

Departments’ base reuse implementation teams. Manual users are 

encouraged to adapt the guidance in this Manual to their own installationspecific circumstances.

1.2 PHILOSOPHY AND GOALS

The disposal and reuse of closing military installations represents a critical 

challenge. The Department of Defense (DoD) needs to accomplish disposal 

quickly and efficiently to save money for readiness and other responsibilities. 

The reuse of these installations through their transition to civilian use is an 

equally critical part of our task. The Defense Department has a responsibility to 

assist the communities that hosted our installations, one that it has recognized 

for more than 30 years. The President of the United States and the Secretary of 

Defense have articulated the goals of this effort:

• Close bases quickly, but in a manner that will preserve valuable assets to 

support rapid reuse and redevelopment.

• Give high priority to local economic redevelopment when disposing of 

available real and personal property.

 

1A Deputy Secretary of Defense memorandum of May 15, 1996, “OUSD (Acquisition and Technology) 

Reorganization” disestablished the Office of the Assistant Secretary of Defense for Economic Security 

and established the Office of the Deputy Under Secretary of Defense (Industrial Affairs and 

Installations).
Introduction

1-2 December 1997

• Put available property to productive use as quickly as possible through 

leases and conveyances to spur rapid economic recovery and reduce DoD 

caretaker costs.

• Expedite the “screening” process, which identifies interests in excess and 

surplus property at closing and realigning bases.

• Fast-track environmental cleanup by removing needless delays while 

protecting human health and the environment.

• Make every reasonable effort to assist the Local Redevelopment Authority 

(LRA) in obtaining the available personal property needed to implement its 

redevelopment plan.

• Support the local redevelopment process through sufficient planning grants 

and on-site Base Transition Coordinators.

• Coordinate Federal resources to assist community economic recovery.

To achieve these goals, the Department of Defense developed this Manual 

around three key themes:

• Consultation. The Military Department and the LRA should be in constant 

contact throughout the base closure and reuse process. Problems can be 

avoided through consultation.

• Partnership. The Military Departments and LRAs should work together 

honestly and with full disclosure. Their efforts should be coordinated to 

minimize duplicative efforts and avoid misunderstandings. Mutual goals 

can be achieved between parties that treat each other as partners, not 

adversaries.

• Flexibility. To maximize flexibility and allow for site-specific solutions, 

discretion has been left, where possible, to allow for common-sense decisions 

by the implementors.

This Manual reflects the Administration’s effort to create a flexible process that 

works better and costs less. Provisions that are intended to cover all situations 

could straightjacket Federal employees and confuse the public. This Manual is 

written to maintain flexibility while providing guidance to Military Department 

implementors by offering examples of how to address specific problems.

KEYS TO SUCCESSFUL DISPOSAL OF CLOSING MILITARY INSTALLATIONS

The President, the Secretary of Defense, and the Secretaries of the Military 

Departments have each given this issue personal attention, and each is 

committed to this program’s success. The base closure and reuse process is a 

new and complex task that requires creative solutions and a break from 

“business as usual.” Many communities affected by base closure face an 

uncertain economic future and are presented with tremendous challenges to 

their local economic base. To assist our customers, the local communities, you 

need to:
DoD Base Reuse Implementation Manual

December 1997 1-3

• WORK COOPERATIVELY. Reaching agreements with the LRA will make 

the process smoother in the long run. Treat the LRA as if it is your partner.

• CONSIDER COMMUNITY NEEDS. Think about how decisions will affect 

the ability of communities to redevelop the base.

• COMPROMISE. Reaching agreements early in the process will save time 

and money later.

• BE FLEXIBLE. Do not be wedded to a particular approach to a problem. 

Creativity, within the applicable laws and regulations, is essential to 

successful base closure and reuse.

• BE INNOVATIVE. Do not be hamstrung by past practices. This is a new 

process, and decisions should be new and different.

• EXERCISE COMMON SENSE. Solutions should be site-specific. There will 

rarely be cookie-cutter solutions that apply to all cases.

• DELEGATE. Allow front-line employees to make as many decisions as 

possible, especially when an issue is routine or when the policy has already 

been formulated; requiring layers of approval will only delay the process.

• CUT “RED TAPE.” The Department of Defense is seeking to eliminate as 

much red tape as possible. By itself, each additional procedure may make 

sense, but the accumulation of them over time grinds matters to a halt. 

Cutting across bureaucratic lines to slash red tape is essential to getting the 

job done and additional levels of bureaucracy can lead to higher costs and 

wasted taxpayer money.

1.3 HISTORY

The Department of Defense is engaged in a phase of downsizing, resulting in 

fewer military bases to support defense missions. The Base Realignment and 

Closure (BRAC) process has resulted in the closing of hundreds of military 

facilities throughout the country.

A military base often represents a major employment center and provides 

significant economic stimulus to the local economy. A base closure can be a 

serious blow to the local community. As a result, the Department of Defense 

recognizes that the manner in which real and personal property at closing bases 

is transferred can have an important impact on the local community’s prospects 

for economic recovery.

Lessons learned in previous rounds of base closures have shown that the 

traditional Federal property disposal process has not always met the economic

recovery needs of the local community. Therefore, in July 1993, the President 

announced a plan to provide for more rapid redevelopment and job creation in 

communities affected by base closure decisions. This Presidential initiative gave 

top priority to helping affected communities realize early reuse of base assets to 

spur economic recovery.

A PRESIDENTIAL INITIATIVE
Introduction

1-4 December 1997

The President’s Five-Part Plan for Revitalizing Base Closure Communities (1993) 

consists of the following:

• Jobs-centered property disposal that puts local economic redevelopment 

first.

• Fast-track environmental cleanup that removes needless delays while 

protecting human health and the environment.

• Assignment of on-site Base Transition Coordinators at major bases 

slated for closure to assist communities and the Military Departments 

with property disposal and economic redevelopment.

• Easy access to transition and redevelopment help for workers and 

communities.

• Quick economic development planning grants to base closure 

communities.

The Administration’s new approach to make base property more readily 

available to communities for economic development and job creation represents 

a fundamental change in the policy of Federal property disposal at closing 

bases.

CONGRESSIONAL SUPPORT AND DEFENSE IMPLEMENTATION

In November 1993, Congress supported the President’s plan by enacting the 

Base Closure Community Assistance Act (Subtitle A of Title XXIX of the 

National Defense Authorization Act for Fiscal Year 1994, Pub. L. 103–160), 

referred to here as “Title XXIX.” This legislation substantially amended the base 

closure laws and provided the Department of Defense with tools it needed to 

carry out the President’s plan. A copy of the law is provided in Appendix B.

In April 1994, the Department of Defense issued an interim final rule, codified at 

32 CFR Parts 174 and 175. The interim final rule provided guidance to the 

Military Departments for implementing provisions of Title XXIX, specifically 

real property screening to aid disposal planning, property conveyances at or 

below fair market value (referred to as “Economic Development Conveyances”), 

interim leasing, personal property inventory and disposal, and minimum 

maintenance levels necessary to support civilian use. The rule was available for 

public comment until August 1994.

In response to public comments, the Assistant Secretary of Defense for 

Economic Security (now the Deputy Under Secretary of Defense (Industrial 

Affairs and Installations)) convened a BRAC Implementation Working Group 

with representatives from the Military Departments and from the Office of the 

Secretary of Defense. The Working Group was tasked to address the public’s 

concerns and to develop needed revisions for the final rule, as well as to identify 

and foster DoD-wide approaches to base reuse implementation. One of the 

Working Group’s first products was an amendment to the April 1994 interim 

final rule, issued by the Department of Defense in October 1994, that addressed 

the requirements for Economic Development Conveyances (EDCs). The 

amendment eliminated certain requirements, including a “market test” to 
DoD Base Reuse Implementation Manual

December 1997 1-5

determine marketability of property, and provided more detailed instructions 

on EDC application and review criteria.

In October 1994, Congress enacted the Base Closure Community 

Redevelopment and Homeless Assistance Act of 1994, Pub. L. 103–421 

(“Redevelopment Act”). This law, in amending Pub. L. 101-510, exempts most 

closing bases (including some BRAC 88, BRAC 91, and BRAC 93 bases, and all 

BRAC 95 bases) from the Stewart B. McKinney Homeless Assistance Act and 

establishes a new process by which homeless assistance needs can be satisfied in 

base closure communities.

In July 1995, the Department of Defense issued a final rule, addressing public 

comments to the interim final rule and the amendment to the interim final rule. 

In conjunction with the Department of Housing and Urban Development, the 

Defense Department also issued an interim final rule, codified at 32 CFR Part 

176, to provide a uniform regulatory framework for implementing the new 

homeless assistance procedures outlined in the Redevelopment Act. The 

interim final rule was available for public comment until October 16, 1995.

On February 10, 1996, the President signed the National Defense Authorization 

Act for FY 1996 (NDAA 96). Title XXVIII of that Act contained several sections 

that further amended the base closure laws including:

• Section 2832: Eliminated the requirement that a substantial part of the 

installation be leased in order for the Military Departments to accept inkind lease payments performed on any portion of the installation. 

• Section 2833: Authorized, in certain circumstances, interim lease terms

that extend beyond the expected completion date for the disposal 

Environmental Impact Statement.

• Section 2834: Clarified that DoD can enter into long-term leases (also 

called “leases in furtherance of conveyance”) while environmental 

remediation is ongoing.

• Section 2837: Authorized DoD to transfer property still needed by a 

Federal Department or Agency to an LRA, provided the LRA leases the 

property back to the Federal entity at no cost.

• Section 2838: Amended the Redevelopment Act.

In response to the changes to the Redevelopment Act contained in Section 2838 

and to address public comments received on the interim final rule, DoD 

published a final rule implementing the Redevelopment Act on July 1, 1997. In 

addition, on February 21, 1997, DoD published a proposed rule establishing 

procedures for implementing the leaseback authority granted in Section 2837. 

The proposed rule was open for public comments until April 22, 1997. A final 

rule implementing the leaseback authority is being developed.

Sections 2833 and 2834 of the NDAA 96 were implemented in policy 

memoranda signed by the then Principal Assistant Deputy Under Secretary of 

Defense (Industrial Affairs and Installations) on June 12, 1996. Copies of these 
Introduction

1-6 December 1997

memoranda can be found in Appendix D. In addition, Chapter 5 contains 

language reflecting the new authority granted by Section 2832 of the NDAA 96.

The National Defense Authorization Act for FY 1997 (NDAA 97) also contained 

several provisions affecting the base closure and reuse process including:

• Section 334: Authorized the Department to transfer property, under 

certain conditions, prior to the completion of remedial actions. Under 

this “Early Transfer Authority” it is also possible for the new property 

owner to undertake environmental remediation activities (instead of 

DoD) concurrently with redevelopment efforts.

• Section 2811: Restored the Department’s authority to complete 

intragovernmental transfers at BRAC ’88 locations.

• Section 2812: Expanded the Department’s authority to enter into 

agreements (e.g., contracts, cooperative agreements) with local 

governments for the provision of caretaker services. 

• Section 2814: Restored the Department’s authority to make grants, 

conclude cooperative agreements, and supplement other Federal funds 

to assist States in providing assistance and support to local adjustment 

and diversification efforts.

Information on the implementation of Section 334 can be found in Chapters 2 

and 5 and Appendix F.

1.4 MANUAL CONTENTS

This Manual supplements the existing rules and provides guidelines for Federal 

decision-makers and staff and others involved in implementing base reuse. This 

Manual does not instruct the LRA or the general public, but allows them to 

understand the instructions and guidance that the Military Departments are 

required to follow.

This Manual is written in an easy to read question and answer format to help 

you quickly find answers to specific questions on the base closure and reuse 

process. It contains guidance on real property screening and disposal, 

inventory and disposal of personal property, leasing, maintenance of closing 

installations, transfers of real property under an EDC, and transfers of property 

using the leaseback authority. In addition, the appendices contain laws, 

regulations, and policy guidance relevant to base reuse.

This Manual does not create any rights or remedies and may not be relied upon 

by any person, organization, or other entity to allege a denial of any rights or 

remedies other than those provided by Title XXIX of Pub. L. 103-160, 

Pub. L. 103-421, or Title XXVIII of Pub. L. 104-106.

1.5 AVAILABILITY ON LINE

This Manual is available via the World Wide Web at: 

http://emissary.acq.osd.mil/bctoweb/brim.nsf. 
DoD Base Reuse Implementation Manual

December 1997 1-7

1.6 UPDATES

This Manual will continue to be updated as determined appropriate. 

Comments are welcome, especially suggestions on how to improve the 

document’s usefulness. Suggestions or questions should be addressed to:

Base Closure and Community Reinvestment Office

400 Army Navy Drive, Suite 200

Arlington, VA 22202

E-mail address: base_reuse@acq.osd.mil
Introduction

1-8 December 1997

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December 1997 2-1

2

Base Reuse Process 

Overview

To achieve the optimum reuse potential of every closing or realigning base, it is 

essential that both Military Department implementors and the LRA understand 

the basic elements of the entire process. Each action taken in the process should 

be conducted with the whole process in mind. The purpose of this Chapter is to 

describe the framework for the base reuse process and the general context for 

the rest of the information in this Manual.

The base reuse process is affected by a myriad of Federal real property and 

environmental laws and regulations, along with volumes of implementing 

guidance. Some of these laws (e.g., the Defense Authorization Amendments 

and Base Closure and Realignment Act of 1988 (BCRA 88) and the Defense Base 

Closure and Realignment Act of 1990 (DBCRA 90)) were specifically enacted to 

govern certain parts of this process. The remainder, however, were enacted to 

address more routine Government property transactions or specific problems 

such as environmental cleanup. Collectively, they have a great effect on the 

process (see Appendix A for further information on many of these laws and 

regulations).

Bases are selected for realignment or closure according to a process prescribed 

in the BCRA 88 and the DBCRA 90. Once a base has been approved for closure 

or realignment, laws and regulations identify the requirements that (see 

Appendices A–C and E) shape the rest of the process to be followed—the 

beginning of base reuse implementation. The general timeline for events 

associated with BRAC 95 reuse implementation is shown in Figure 2-1. Some of 

the milestones shown in Figure 2-1 may be extended by mutual agreement 

between the Military Department and the LRA.

Although Figure 2-1 depicts a seemingly linear and sequential series of events, 

the base reuse process is best viewed as a series of concurrently conducted 

activities that can be subdivided into three principal phases: base-wide reuse 

planning, disposal decision making, and parcel-by-parcel decision 

implementation. Figure 2-2 shows how the three phases and various principal 

base reuse activities relate to one another.

When does the base 

reuse process 

begin?

What’s the best way 

to look at the 

process?
Base Reuse Process Overview

2-2 December 1997

Figure 2-1. Illustrative timeline for selected reuse implementation activities

at BRAC 95 bases
DoD Base Reuse Implementation Manual

December 1997 2-3

Implementation of the overall base reuse process (including the actual closure 

and the base’s conversion from military to civilian uses) can be an enormously 

complex undertaking, involving literally hundreds or thousands of individuals, 

collectively devoting many hours of hard work.

Phase One: The first phase, base-wide reuse planning (further described in 

Section 2.1), consists of the many activities that occur while the LRA prepares its 

redevelopment plan and before the Military Department, in its role as the 

Federal property disposal agent, makes decisions on how the base will be 

conveyed to end users. These activities include the LRA’s redevelopment 

planning process and the Military Department’s required environmental impact 

analysis activities, natural and cultural resources determinations and 

consultations, identification of uncontaminated property, and many 

environmental cleanup- and compliance-related activities.

Phase Two: The second phase includes activities associated with the Military 

Department’s disposal decision making (further described in Section 2.2). This 

phase may include the issuance of one or more Disposal Record(s) of Decision 

(RODs), or similar decision documents. It also includes the approval of 

applications submitted by the LRA or others for property under various public 

Base Reuse Implementation Process Flow Chart

LRA / Military Department Interface

Base-wide

Reuse

Planning

Disposal

Decision Making

Military Department Disposal Planning

Environmental Impact Analysis

Environmental Baseline Survey

Environmental Cleanup and Compliance

Installation Management

Begin

Planning

Make 

Decisions

LRA Reuse Planning

EIS; or 

EA / FONSI

Caretaker 

Arrangement

Parcel-by-parcel

Decision 

Implementation 

BRAC 

Cleanup Plan

Site Cleanup 

and Close-out

Transfer to 

Reuser

Support Reuse 

Decision

Attach to Deed 

or Lease

Complete

Disposal

Implement 

Decisions

Achieve

Reuse

Prepare 

Applications

Consider 

Applications

Redevelopment 

Plan

Draft 

Disposal Plan

Execute Deed 

or Lease

Execute Deed 

or Lease

EBS

Report

FOST(s) or

FOSL(s)

Figure 2-2. Phases of Base Reuse Implementation
Base Reuse Process Overview

2-4 December 1997

purpose conveyance authorities (e.g., public airport, economic development, 

and other public purpose conveyances).

Phase Three: After final disposal decisions have been issued by the Military 

Department, the last phase, parcel-by-parcel decision implementation (further 

described in Section 2.3), occurs for each disposal parcel. This phase lasts until 

the property has been conveyed and includes completion of environmental 

activities that must be performed.

For this complex undertaking to be successfully implemented, teamwork is 

critical. Individuals from the Military Department, the on-site Base Transition 

Coordinator, the DoD Office of Economic Adjustment (OEA) Project Manager, 

the LRA, local and State government, and other Federal, State and local reuse 

planning and implementation organizations will all play key roles.

Many of the organizations that will be involved in the process at a closing or 

realigning installation are not explicitly identified in this Manual. However, 

Federal points of contact to assist with base reuse implementation are identified 

in Appendix G. Also, a comprehensive list of available organizations, including 

individuals to contact, can be found in the Appendix of the Community Guide to 

Base Reuse, published by OEA. The Guide may be obtained by contacting OEA 

(See page G-1 for address) or by visiting OEA’s home page at 

http://emissary.acq.osd.mil/bctoweb/oea/oeahome.nsf. The Guide also 

provides information intended for local officials, LRAs, and the general public, 

including practical advice on organizing an LRA and developing and 

implementing a redevelopment plan.

2.1 PHASE ONE: BASE-WIDE REUSE PLANNING

Reuse planning requires the concurrent execution of numerous activities, most 

of which are required by law. Generally, this phase begins at the approval date 

for the closure or realignment of the installation (see Figure 2-1) and ends when 

the LRA’s redevelopment plan has been prepared and submitted to the Military 

Department, which must then complete any required environmental impact 

analyses and analyze any other information needed to make final disposal 

decisions. OEA has grant moneys available to assist LRAs with reuse planning.

To be successful, reuse planning efforts must be well organized and well 

coordinated. For example, the LRA will generally accomplish the following 

activities during reuse planning:

• Form, be recognized by the Department of Defense, and receive economic 

adjustment planning assistance.

• Solicit, identify, and consider various interests in installation property.

• Conduct outreach activities that focus on community needs, including 

homeless assistance needs.

• If useful, request interim leases of available installation facilities.

• Identify its own interests in available personal property.

Who gets involved in 

the base reuse 

process?

Who can I get in 

touch with to get 

more help?
DoD Base Reuse Implementation Manual

December 1997 2-5

• Develop a comprehensive land-use plan.

• Consider the environmental condition of the property (especially areas with 

ordnance and explosives), on-going, and planned environmental remediation 

activities into account when developing the redevelopment plan.

• Conduct market research and marketing activities to attract prospective 

property users.

• Prepare a comprehensive redevelopment plan and other essential reuserelated planning documents.

Concurrently, and in coordination with the LRA’s activities described above, 

the Military Department will complete these tasks:

• Identify installation property, which is excess to DoD’s needs and surplus to 

the Federal Government’s needs, that will be made available for reuse.

• Inventory personal property and consult with the LRA to identify the 

personal property that will be made available to the LRA for reuse.

• Provide the LRA with existing facility and environmental data, as 

appropriate, to assist the LRA with developing a redevelopment plan.

• Conduct National Environmental Policy Act (NEPA) analysis to determine 

environmental impacts that may occur on the property as a result of the 

disposal actions.

• Identify potentially impacted natural or cultural resources on the property 

and any mitigation measures that may have to be taken.

• Conduct an environmental baseline survey to identify the environmental 

condition of installation property, including property that is uncontaminated 

and can be made available for reuse without further environmental actions 

(i.e., Community Environmental Response Facilitation Act (CERFA) report).

• Provide the LRA with copies of applicable environmental analyses, including 

Environmental Baseline Surveys and natural and cultural resource studies, 

as they become available, to assist the LRA with developing a redevelopment 

plan.

• Refocus current environmental cleanup, compliance, and natural and 

cultural resources strategies and schedules in light of the LRA’s land-use 

plan and redevelopment priorities.

• Relocate active mission elements (mission drawdown).

• Plan for and carry out protection and maintenance (caretaking) of installation 

property and facilities not immediately reused at the time of active mission 

departure/base closure.
Base Reuse Process Overview

2-6 December 1997

As shown in Figure 2-2, reuse planning activities should be concurrently 

conducted to the extent possible, so the Military Department can have the 

information it needs to make property transfer and environmental cleanup 

decisions. Reuse planning activities can be grouped into four principal 

categories:

• Comprehensive land-use and redevelopment planning, including LRA formation, 

recognition, and reuse planning activities, Military Department/LRA 

community interface activities, and Military Department disposal planning 

activities (including interim leasing of facilities no longer needed by the 

active mission), conducted to assist LRA reuse planning efforts (see also 

Section 2.1.1).

• Environmental impact and other impact analysis (see also Section 2.1.2).

• The BRAC Environmental Process, including environmental baseline surveys 

and environmental cleanup activities (which includes mission/operationaland closure-related compliance activities) (see also Section 2.1.3).

• Installation management, including active mission drawdown, protection and 

maintenance of facilities, and caretaker operations (see also Section 2.1.4).

2.1.1 Comprehensive land-use and redevelopment planning

Both DBCRA 90 and the Redevelopment Act identify specific reuse planning 

phase requirements and timelines (see Appendix B of this Manual for the full 

text of these statutes and Figure 2-1, which depicts significant milestones). 

Many of these requirements and timelines relate to LRAs soliciting interest in 

the installation, conducting homeless assistance outreach activities, identifying 

personal property needs, considering expressions of interest in property, 

consulting with the Military Department while it determines initial maintenance 

levels for installation facilities, and preparing and submitting the redevelopment 

plan. The timely submission of both a redevelopment plan and any necessary 

property applications will facilitate the Military Department’s ability to make 

final property disposal and environmental cleanup decisions that will best meet 

community reuse goals. The Community Guide to Base Reuse contains essential 

information on LRA formation, organization, and recognition, reuse planning 

strategies, and strategies for creating a viable redevelopment plan. This Manual 

provides guidance for many of the real and personal property–related activities. 

2.1.2 Environmental impact and other impact analyses

As part of the reuse planning phase, the Military Department, under NEPA, 

must consider all reasonable disposal alternatives and their respective 

environmental consequences. This is accomplished by means of a formal 

environmental impact analysis, which takes the form of either an Environmental 

Assessment (EA) or an Environmental Impact Statement (EIS) depending on the 

level of analysis required. The Military Department is required to analyze 

impacts to natural and cultural resources (e.g., historic structures, wetlands, 

threatened and endangered species, Native American sites and others), and may 

be required to consult with other Federal and State agencies before making final 

property disposal decisions.

What affect does the 

National 

Environmental 

Policy Act (NEPA) 

have on the 

planning process?
DoD Base Reuse Implementation Manual

December 1997 2-7

REQUIREMENTS OF THE NATIONAL ENVIRONMENTAL POLICY ACT (NEPA)

The NEPA process is intended to help the Military Department make informed 

and environmentally responsible disposal decisions. The NEPA process 

requires the Military Department to conduct environmental analysis concerning:

• The environmental impact of the proposed disposal action, including 

reasonably anticipated reuse activities.

• Alternatives to the proposed disposal and reuse action, including the 

“no-action” alternative.

• Adverse impacts.

• Any appropriate environmental impact mitigation actions.

For disposal of closing or realigning installations, the NEPA process (described 

in 40 CFR Parts 1500–1508) is typically completed in one of three ways:

• Categorical Exclusion. If applicable, a categorical exclusion may be used by 

the Military Department when a parcel is to be transferred to another 

Military Department or Federal Agency.

A categorical exclusion may also be used by the Military Department for 

interim leases where there is no substantial change in land use. 

• Environmental Assessment (EA)/Finding of No Significant Impact 

(FONSI). The EA provides the Military Department with sufficient evidence 

and analysis for determining whether a FONSI or an EIS should be prepared. 

A FONSI is a determination that, based on the EA, the disposal action will 

not significantly affect the environment and a full EIS is not necessary. The 

Military Department may receive public comments on the EA and the 

applicability of a FONSI. After a FONSI, the Military Department can issue a 

formal disposal decision for the property.

• EIS/Disposal Record of Decision (ROD). Preparation of an EIS involves a 

more formal public involvement process, which can be summarized as 

follows: 

— The Military Department publishes a Notice of Intent in the Federal 

Register that a property disposal action may be undertaken and that an 

EIS will be prepared and considered.

— A public scoping meeting will be held in the geographical area to obtain 

public comments about the possible environmental impacts of the 

proposed disposal action and likely reuses, as well as the reasonable 

alternatives that should be considered in the analysis. It is therefore 

important for the LRA and other interested community leaders to 

participate in the scoping meeting.
Base Reuse Process Overview

2-8 December 1997

— Data are collected and analyzed by experts in different fields, and the 

results are published in a Draft EIS (DEIS). The DEIS will be made 

available for public review and comment. Interested agencies, 

organizations, and individuals normally have 45 days to review and 

comment. Also during this time, a public hearing is held in the 

community to explain DEIS findings and to receive oral comments.

— The Final EIS (FEIS) is completed no later than 12 months after the 

submittal of the LRA’s redevelopment plan. The FEIS will address public 

and other comments received on the DEIS. A Notice of Availability 

(NOA) of the FEIS will be published in the Federal Register.

At least 30 days after publication of the FEIS, a disposal ROD is issued. The 

disposal ROD indicates the disposal actions that have been selected, the 

alternatives considered, the potential environmental impacts of each alternative, 

and any specific mitigation activity to support the decision. After the ROD is 

signed and issued, the availability of the disposal ROD is announced in the 

Federal Register. Then, the Military Department may dispose of the property.

It is DoD policy (DoD Guidance on Accelerating the NEPA Process for Base Disposal 

Decisions, Deputy Secretary of Defense Memorandum “Fast Track Cleanup at 

Closing Installations,” May 1996—see Appendix F) that the LRA’s 

redevelopment plan, if available and to the extent legally permissible, will be a 

primary factor in the development of the proposed action, reasonable 

alternatives, and effects analysis in the Military Department’s NEPA process for 

the disposal action. If the elements of the redevelopment plan do not constitute 

a reasonable alternative for disposal and reuse of the base, the Military 

Department will identify the problematic elements of the plan and work with 

the LRA to devise mutually acceptable plan modifications. Designation of the 

LRA’s redevelopment plan as the proposed action does not affect the Military 

Department’s obligation under NEPA to consider reasonable alternatives for the 

disposal and reuse of installation property. In the event that the LRA does not 

reach a consensus or fails to prepare an acceptable or timely redevelopment 

plan, the Military Department will prepare the NEPA analysis using reasonable 

assumptions as to the likely reuse scenarios and their reasonable alternatives.

Section 2911 of Title XXIX and DoD policy (as referenced above and found in 

Appendix F) require that any required NEPA analysis be completed no later 

than 12 months after the LRA submits its adopted redevelopment plan. In 

conducting the NEPA analysis the Military Departments consider, where 

applicable, any available similar State analysis. 

State agencies can participate in the NEPA process as cooperating agencies. 

Accordingly, when an LRA is acting as a legal entity of the State, and 

recognized by OEA as such, it should be considered by the Military Department 

for cooperating agency status as long as there are no other issues unique to the 

installation that would preclude such status. The decision to make such a 

determination should be made after a careful review of the factors surrounding 

the closure or realignment, as well as consideration of the liabilities associated 

with the designation. However, the responsibility for the NEPA analysis and 

resulting ROD rests with DoD. 

What is DoD’s policy 

on NEPA?
DoD Base Reuse Implementation Manual

December 1997 2-9

A similar NEPA analysis process will apply when property is reused under an 

interim lease (see Chapter 5). Normally, a categorical exclusion or an 

EA/FONSI is sufficient to support a lease action.

2.1.3 The BRAC Environmental Process

Many environmental issues must be addressed to prepare an installation for 

closure and transfer. These issues may be generally referred to as 

environmental restoration, compliance, and conservation (natural and cultural 

resources). The environmental process is emphasized and expedited at closure 

bases to facilitate rapid transfer for community reuse. Many environmental 

activities will occur during the reuse planning phase and some activities may 

continue through implementation. 

Environmental decisions are based on how the land is to be reused. Therefore, 

it is very important for the Military Department to be aware of the LRA’s reuse 

concepts as soon as they are formulated so that cleanup actions, in particular, 

may be conducted in a manner that is consistent, to the extent practicable, with 

reuse plans. It is also important for the Military Department to communicate 

environmental issues to the LRA early in the process, to ensure reuse planning 

is compatible with the more significant environmental conditions that may limit 

certain types of land use. This way, environmental priorities can be reconciled 

with community reuse priorities, and appropriate cleanup levels can be 

established to reflect anticipated future land uses. Further guidance on future 

land use considerations in environmental cleanup is contained in the DoD Policy 

on Responsibility for Additional Cleanup After Transfer of Real Property. A copy of 

this policy can be found at Appendix F.

BRAC ENVIRONMENTAL RESTORATION PROGRAM

Environmental cleanup programs have been ongoing for many years as part of 

the Department of Defense Environmental Restoration Program. The BRAC 

environmental restoration program consists of five principal steps as outlined in 

the DoD BRAC Cleanup Plan Guidebook, Fall 1995. The steps are as follows: 

• A BRAC Cleanup Team (BCT) is established for each base where property 

will be made available to the local community for reuse. The BCT will 

include a BRAC Environmental Coordinator (or BEC—a Military 

Department employee), and representatives appointed by the State 

environmental agency and the U.S. Environmental Protection Agency’s 

(EPA’s) regional office. The BCT members act with the authority of the 

State, EPA regulatory offices, and the Military Department. A Project 

Support Team (PST), made up of specialists and technical experts, assists the 

BCT in developing the comprehensive BRAC Cleanup Plan. The LRA is a 

valuable participant in the BRAC environmental restoration program and 

should provide input in support of the development, update, and 

implementation of the cleanup program. The LRA is encouraged to 

participate in the environmental program as a member of the PST. In 

addition, the BCT should work closely with the LRA, particularly the 

environmental subcommittee. The LRA should receive cleanup information 

from the BCT and should, in turn, provide the BCT with input on reuse 

priorities and decisions. The Base Transition Coordinator (BTC) helps 

facilitate communication and coordination between the BCT and the LRA. 

The BTC is responsible for informing both the BCT and the LRA of new 

How are other 

environmental 

issues addressed?
Base Reuse Process Overview

2-10 December 1997

information, as it becomes available, regarding reuse planning and the 

environmental cleanup program for the installation. 

• The BCT reviews the status of all base environmental programs (including 

cleanup, compliance, and natural and cultural resources programs), as well 

as the LRA’s redevelopment plan. If the LRA’s redevelopment plan is not 

available, the LRA should provide the BCT general land use information to 

assist them in selecting any necessary cleanup standards. 

• The BCT considers the land use concepts in identifying action items 

requiring further effort, and develops a strategy that incorporates both reuse 

priorities and environmental cleanup as required by Federal and State 

environmental laws.

• A BRAC Cleanup Plan (BCP) is prepared, describing the status of base 

environmental programs, and identifying strategies and schedules for 

integrating the required environmental cleanup with the community reuse 

plan. 

• As contamination is remediated, the BCP is updated to reflect cleanup and 

site close-out actions that have been taken, as well as any changes in 

community redevelopment needs.

Most property can be put into productive reuse by either lease or deed, while 

the Military Department and the BCT work to ensure that cleanup is conducted 

in accordance with Federal and State laws.

RESTORATION ADVISORY BOARDS (RABS)

All DoD installations being closed or realigned will establish a RAB, if property

will be available for transfer. RABs are co-chaired by community and 

installation representatives and serve as a forum for information exchange and 

partnership among citizens, the installation, EPA, and the State on 

environmental restoration issues.

RABs offer an opportunity for communities to have a voice in the cleanup 

process by bringing together people who reflect the diverse interests within the 

local community. Community members on RABs can actively participate in a 

timely and thorough manner. This participation includes reviewing restoration 

documents and providing advice as individuals to the decision-makers from the 

Military Department and the regulatory agencies on restoration issues. The 

LRA is encouraged to participate in the RAB to keep both the RAB and the BCT 

informed about reuse issues.

While RABs are not intended to replace other community involvement 

activities, the RAB should act as a focal point for the exchange of information 

between an installation and the local community regarding environmental 

restoration activities. Members will be expected to serve as a liaison with the 

community and be available to meet with community members and groups. 

Through the RAB, community input on environmental investigation, cleanup, 

and priorities can be raised directly to DoD, EPA and State regulatory 

representatives. Further guidelines for establishing and operating RABs can be 

What is the 

Restoration 

Advisory Board ?
DoD Base Reuse Implementation Manual

December 1997 2-11

found at Appendix F in the Restoration Advisory Board Implementation Guidelines, 

September 1994, jointly issued by DoD and EPA.

ENVIRONMENTAL SUITABILITY FOR TRANSFER OR LEASE

To facilitate reuse planning efforts, the Military Department, under the 

Community Environmental Response Facilitation Act (CERFA), will identify 

“uncontaminated” base property no later than 18 months after the date of 

approval for closure or realignment. This identification procedure includes 

consultation with appropriate State or EPA regulators. In addition, no property 

can be conveyed by deed or leased until the Military Department makes a 

Finding of Suitability to Transfer (FOST) or a Finding of Suitability to Lease 

(FOSL), respectively.

The FOST/FOSL process is intended to determine whether property is 

environmentally suitable for its intended use and whether there should be any 

restricted use of the property. An Environmental Baseline Survey (EBS), which 

is similar to the environmental site assessments commonly used in commercial 

real estate transactions, is used to support the FOST/FOSL. An EBS includes 

the identification and analysis of all available and relevant records, a visual and 

physical inspection of the base and adjacent property, a recorded chain-of-title 

documents review, interviews with past and current base employees and local 

officials, and other activities. 

Military Department implementors, in consultation with the LRA, should 

provide input to the BCT well in advance on properties to be reused so that a 

FOST/FOSL can be developed, and so that the BCT can ensure that there are no 

environmental impediments to the intended reuse. Further guidance on the 

EBS/FOSL/FOST/CERFA processes can be found in the DoD guidance 

documents included in Appendix F.

Appendix A of this Manual identifies and summarizes pertinent environmental 

laws and regulations that affect base reuse implementation. Further information 

on the BRAC environmental process can be found in DoD Guidance on 

Establishing Base Realignment and Closure Cleanup Teams (May 1996), which can be 

found in Appendix F of this Manual.

2.1.4 Installation management

As an installation goes through the process of closure or realignment, duties 

assigned to active units, including operation of utilities and maintenance of 

buildings, roads and other facilities, must eventually be assumed by others. 

Representatives of the Military Department, in consultation with the LRA, will 

identify an initial level of maintenance that facilities will require to support 

reuse after the active mission departs (see Chapter 6 of the Manual for further 

information on how initial maintenance levels are determined).

Another aspect of Military Department/LRA consultation is that of establishing 

procedures and responsibilities for providing common services, including fire 

protection, security, telephones, roads, and snow/ice removal. How these 

common services will be provided after the base closes should be discussed and 

resolved in the earliest stages of consultation. Once closure occurs, the Military 

Departments will sustain an appropriate level of maintenance to support reuse 

for a set period of time (see Chapter 6). Such protection and maintenance at a 

closed military base is provided through contracts, agreements with local 

What is CERFA?

What are FOSTs and 

FOSLs?

What’s an EBS?

Where can I find 

more guidance on 

FOSTs/FOSLs, 

EBSs, and CERFA?
Base Reuse Process Overview

2-12 December 1997

communities, or other caretaker arrangements. Maintenance by the Military 

Department will end when the property is leased or disposed of, or at the 

expiration of the set maintenance period. Once property is leased or disposed 

of, its maintenance becomes the responsibility of the Lessee or property 

recipient.

2.2 PHASE TWO: DISPOSAL DECISION MAKING

The second major phase of the base reuse process, disposal decision making, 

includes the activities associated with the Military Department’s disposal 

decisions and the LRA’s reuse decisions. After reuse planning activities are 

completed, the LRA will submit its adopted redevelopment plan to DoD and as 

part of an application made to the Secretary of Housing and Urban 

Development (HUD), in accordance with the Redevelopment Act. HUD will 

review and approve the LRA’s application.

After completing its NEPA analysis and associated documentation, the Military 

Department will issue final disposal decisions. This is generally accomplished 

by issuing a disposal decision document as a public statement of the disposal 

decisions. The decision document (ROD or FONSI) describes the disposal 

decisions that the Military Department has made, as well as potential mitigation 

that may be required if certain activities occur. In certain circumstances, 

supplements to the initial disposal decision may also be issued.

This phase also includes the Military Department’s decisions on requests for 

specific property conveyances (briefly described in Section 2.3) to approved 

applicants. Applications (see Chapter 3 and Appendix E of this Manual for 

additional information on public benefit conveyance applications) are required 

for most discounted conveyances of property for public benefit conveyances. 

For example, the Department of Education must review and approve an 

application prior to the Military Department’s implementation of an education 

public benefit conveyance. EDCs also require an application. Title XXIX and 

the final rule (32 CFR Part 175; see Appendices B and C of this Manual for the 

complete text of each, and Chapter 7 for further Military Department guidance) 

identify the requirements for LRAs who want to apply for EDCs and the criteria 

the Military Departments should use in evaluating EDC applications.

The Military Department always retains ultimate authority to make property 

disposal decisions and will resolve any conflicting property interests at the time 

the final disposal decisions are issued.

2.3 PHASE THREE: PARCEL-BY-PARCEL DECISION IMPLEMENTATION

After necessary applications have been submitted, reviewed, and accepted, and 

after final disposal decisions are issued by the Military Department, the reuse 

process enters the decision implementation phase. This phase includes Military 

Department conveyance of installation property (or property “disposal”). In 

this phase, the Military Department will proceed to dispose of property in 

accordance with its documented disposal decisions, using conveyance 

authorities established by the Federal Property and Administrative Services Act 

of 1949 (40 U.S.C. § 471 et seq.), the Surplus Property Act of 1944 (49 U.S.C. §§ 

47151-47153), the Act of May 19, 1948 (16 U.S.C. § 667b), Title XXIX, the 

Redevelopment Act, and other authorizing statutes, as implemented in the 

How and when are 

final property 

disposal decisions 

made?
DoD Base Reuse Implementation Manual

December 1997 2-13

Federal Property Management Regulations (41 CFR Part 101-47), 32 CFR Parts 

175 and 176, and elsewhere. 

The Military Departments can assign property to another Federal Agency before 

the completion of remedial actions required by the Comprehensive 

Environmental Response, Compensation, and Liability Act (CERCLA) and 

before the issuance of a NEPA disposal ROD. However, CERCLA requires the 

Military Departments to complete environmental cleanup before transferring 

the property by deed to non-Federal entities. This allows the Military 

Departments to write covenants in the deed that guarantee that the quality of 

the environmental cleanup is fully protective of human health and the 

environment. In certain circumstances, a deed transfer may be made before all 

remedial actions have been fulfilled using the new “Early Transfer Authority” 

which is described in more detail in Chapter 5 and in a memorandum contained 

in Appendix F. In addition, for property with ongoing cleanup efforts, leases 

may be used to achieve prompt reuse.

Base property will be conveyed (usually by one or more parcels), as soon as 

possible, by deed for civilian reuse. One of nine property conveyance methods 

can be used:

• Federal Agency transfers of excess base property to non-DoD organizations 

within the Federal Government. These transfers require reimbursement to 

the Military Department of the full fair market value of the property, unless:

— The Secretary of the Military Department and the Office of Management 

and Budget grant a waiver; or

— A law specifically exempts the transfer from reimbursement.

• Public purpose conveyances for such public uses as airports, education, 

health, historic monuments, ports, parks and recreation, and wildlife 

conservation. Generally, a Federal Agency with specific expertise in a 

conveyance category (e.g., the National Park Service for park land and 

recreation conveyances) is authorized to serve as a sponsoring or approving 

Agency. Approved recipients may receive these conveyances at a substantial 

discount (up to 100 percent of fair market value), following DoD 

consultation with the appropriate Agency.

• Homeless assistance conveyances (under the Redevelopment Act) at no 

cost, either to the LRA or directly to the representatives of the homeless. 

Any deeds prepared by the Military Department for conveyance of property 

directly to representatives of the homeless should provide for transfer of the 

property to the LRA if no longer required for homeless needs. Personal 

property may be conveyed to the local redevelopment authority for use by 

the homeless assistance provider. The LRA will be responsible for 

monitoring implementation of the homeless assistance provisions of its 

redevelopment plan.

• Negotiated sales to public bodies or other qualified entities require payment 

of not less than the fair market value, although payment terms are 

negotiable. Terms of negotiated sales are subject to review by Congress.

What methods can 

be used to convey 

property at BRAC 

installations?
Base Reuse Process Overview

2-14 December 1997

• Advertised public sales may be made to the party that submits the highest 

bid, provided it is not less than the fair market value. Sales to private parties 

for amounts over $3 million are subject to Attorney General review.

• EDCs to an LRA, for creating jobs and economic revitalization of the 

community, are approved by the Military Department. Under an EDC, 

property may be sold at or below the estimated present fair market value 

with flexible payment terms and conditions. EDCs are discussed in detail in 

Chapter 7.

• Conveyances for the cost of environmental remediation may be made to 

those parties who enter into an agreement to pay the costs of environmental 

remediation on the property, provided that the total cost to the recipient is 

no less than the property’s fair market value. Implementing regulations for 

this conveyance authority, required by Section 2908 of Title XXIX, have been 

promulgated as a proposed rule. By law, this authority expires on 

November 30, 1998.

• Depository institution facilities may be conveyed to the operating 

depository institution, by sale at fair market value, when the institution 

constructed or substantially improved the facilities. 

• Leaseback conveyances to allow LRA ownership of property while ensuring 

that Federal real property needs are met. Under a leaseback, property that is 

still needed by another Federal Department or Agency is conveyed to the 

LRA with the condition that the LRA lease it back to the Federal entity. The 

lease cannot require rental payments. Leasebacks are discussed in more 

detail in Chapter 8. 

2.3.1 Asbestos containing materials

Some buildings and facilities on BRAC property may contain asbestos 

containing materials (ACM). Some common examples of ACM are spray 

acoustic ceilings, acoustic tiles, various plasters, duct wrap, non-bituminous 

roofing felt, wallboard, and thermal insulation on pipes and boilers. Friable 

ACM may pose a threat to human health and is regulated. Non-friable ACM is 

typically bound up with cement, vinyl, asphalt, or some other type of hardening 

binder and consequently does not pose a threat to human health and is not 

regulated. Some examples of non-friable asbestos building products are transite 

(cement) siding, vinyl asbestos floor tiles, and asphalt roofing shingles. 

In accordance with DoD policy, ACM that poses a threat to human health at the 

time of transfer shall be remediated by the Military Department, or by the 

transferee under a negotiated requirement of the contract for sale or lease. 

Consistent with this policy, ACM that poses a threat to human health may be 

left in-place and the property transferred “as is” only when the hazardous ACM 

will be otherwise addressed through demolition, renovation, repairs or other 

arrangements made between the Military Department and the new owner. See 

Appendix F for the DoD policy on ACM and additional information regarding 

this matter. 
DoD Base Reuse Implementation Manual

December 1997 2-15

2.3.2 Institutional controls

Institutional controls are a commonly used tool in property transactions. 

Institutional controls are structural or legal mechanisms used to limit access to, 

or restrict the use of, property. A familiar example of an institutional control 

would be a deed restriction prohibiting television satellite dishes in planned 

communities. For BRAC property transfers, institutional controls may be 

imposed by the Military Department or other governmental entities. 

Institutional controls are commonly used to protect historic buildings, wetlands, 

floodplains, and/or endangered species. They may also be used to protect the 

general public from exposure to possible residual contamination. LRAs and 

other future land users should be aware that under some circumstances, 

institutional controls may be a necessary element of the transfer of closing base 

property. 

In general, institutional controls fall into two categories: proprietary controls 

and governmental controls. 

• Proprietary controls are private contractual mechanisms contained in the 

deed or other transfer documents. Proprietary controls involve the 

placement of restrictions on land use by means of easements, covenants, 

and reversionary interests. 

• Governmental controls are restrictions that are within the traditional police 

powers of State and local governments to impose and enforce. Examples of 

governmental controls include permit programs and planning and zoning 

limits on land use. 
Base Reuse Process Overview

2-16 December 1997

This page intentionally left blank
December 1997 3-1

3

Identifying Interests in 

Real Property and 

Reuse Planning

3.1 INTRODUCTION

The Department of Defense recognizes that to promote economic development 

and rapid job creation, it must expedite the process of making real property 

available for reuse at closing and realigning bases.

3.1.1 Philosophy and goal

To speed the economic recovery of communities affected by base closures and 

realignments, it is DoD policy to identify the real property at closing and 

realigning military bases that will be made available to the local community as 

quickly as possible, and to enable the Local Redevelopment Authority to 

complete reuse planning based upon the community’s needs. The Military 

Department having responsibility for the closing or realigning base shall 

identify the interest of DoD Components and Federal Agencies in portions of 

Frequently Asked Questions About Identifying Interests in

Real Property and Reuse Planning

‚ What is the general practice for real property disposal

at BRAC installations? Section 3.1

‚ How does the Military Department determine whether there are

DoD or Federal needs for property at the base? Section 3.2

‚ How are other property interests sought and identified? Section 3.3

‚ What information is required with a notice of interest? Section 3.3

‚ What information is typically contained in a redevelopment plan and

how are homeless assistance needs incorporated? Section 3.4

‚ How does HUD evaluate a redevelopment plan? Section 3.5

‚ What are the procedures for accommodating homeless assistance

needs at BRAC 88, 91, and 93 installations? Section 3.6

What is DoD’s 

philosophy and goal 

for real property 

disposal?
Identifying Interests in Real Property and Reuse Planning

3-2 December 1997

the affected facility. The Military Department will keep the LRA informed of its 

progress in identifying the real property to be made available to the community. 

When real property becomes available at closing and realigning bases the 

Military Department will inform other DoD Components and other Federal 

Agencies of the potential availability of property at the closing base. All 

interested parties will be encouraged to contact and work with the LRA to have 

their needs considered as part of a comprehensive local planning process. 

3.1.2 A New Reuse Planning Process—General practice for BRAC 95

Under the Base Closure Community Redevelopment and Homeless Assistance 

Act of 1994 (hereinafter referred to as the “Redevelopment Act”), a new communitybased reuse planning process begins upon the final selection of the base for 

closure or realignment (“date of approval”). Through this process, the LRA 

identifies local reuse needs and creates a redevelopment plan for the Military 

Department to consider in the disposal of base property.

Figures 3-1 and 3-2 show some of the principal activities and milestones 

associated with the overall base reuse process. Although many of these 

milestones are prescribed by statute, service implementors should realize that, 

within legal limits, every effort should be made to accommodate the 

community’s particular circumstances. The LRA’s reuse planning activities and 

the Military Department screening activities can generally be grouped and 

described in terms of the number of months following the date of approval.

• First 6 Months. The Military Department will determine which parts of the 

base are not needed by the Department of Defense (“excess” property) or 

another Federal Agency (“surplus” property), and will publish a notice 

identifying the surplus property as being available for reuse, following this 

Federal screening process.

• 6 to 12 Months. The LRA undertakes outreach to solicit notices of interest in 

the base from State and local governments, representatives of the homeless, 

and other interested parties. This outreach may include working with the 

Department of Housing and Urban Development (HUD) as well as the 

Federal Agencies that sponsor public benefit transfers. The LRA will 

prescribe the dates for receiving these notices, publicize them locally, and 

notify the Military Department.

• 12 to 18 Months. After considering the notices of interest received, the LRA 

prepares a redevelopment plan, incorporating environmental considerations 

such as cleanup activities, natural resource concerns such as endangered or 

threatened species and habitat, and cultural and historical requirements. 

This plan identifies the LRA’s overall reuse strategy for the base. The LRA 

and the community, through public comment, must ensure that the plan 

adequately balances local community and economic development needs with 

those of the homeless.

What is the general 

practice for property 

disposal at BRAC 

installations?
DoD Base Reuse Implementation Manual

December 1997 3-3

Figure 3-1. General Disposal Process Flow Diagram
Identifying Interests in Real Property and Reuse Planning

3-4 December 1997

• Approximately 18 to 24 Months. The LRA’s completed redevelopment plan 

is submitted to the Military Department. Not later than this time, the 

Military Department also notifies sponsoring Federal Agencies of property 

that may become available for public benefit conveyances. The LRA may 

request that the notification be done sooner and could find it helpful in 

identifying public interest in the property. This “screening” for public 

benefit users should be based upon the property uses outlined in the 

community redevelopment plan (see Section 3.5.4). The sponsoring Federal 

Agency will make recommendations to the Military Department on 

proposed users of property. The Military Department will, in turn, keep the 

LRA apprised of any interests.

The community’s plan is also submitted to HUD as part of an application to 

help address the community’s homeless needs. HUD will review the 

application to determine whether, in its judgment, the LRA has adequately 

balanced local community and economic development needs with those of 

the homeless. If HUD determines that the application does not strike this 

balance, the LRA will be provided with an opportunity to address HUD’s 

concerns and revise its plan accordingly.

• Approximately 24+ Months. The Military Department will complete its 

environmental impact analysis no later than 12 months after receiving the 

LRA’s redevelopment plan. In this analysis, the LRA’s plan is normally used 

as a primary factor in the development of the proposed action, reasonable 

Figure 3-2. Milestones for Submitting and Considering Notices of Interest
DoD Base Reuse Implementation Manual

December 1997 3-5

alternatives, and effects analysis. During the disposal and reuse decision 

phase, final Military Department disposal decisions will resolve any 

competing requests for the property and will, in most cases, be consistent 

with the LRA’s redevelopment plan. It is DoD and the Military 

Department’s desire to have the LRA’s local planning process resolve any 

conflicting land use proposals prior to the completion of the redevelopment 

plan. Once disposal decisions are made, the Military Department initiates 

final disposal actions in accordance with its disposal plan.

3.2 IDENTIFYING DOD AND FEDERAL PROPERTY NEEDS

The Military Departments are required by law (Section 2903 of Title XXIX of 

Pub. L. 103-160) to identify DoD and Federal property needs at closing and 

realigning installations no later than six months after the date of approval of 

closure or realignment.

3.2.1 Issuing notices of availability

NOTICE OF POTENTIAL AVAILABILITY

Upon the President’s submission of the recommended list of base closures and 

realignments to Congress in accordance with the Defense Base Closure and 

Realignment Act of 1990 (Part A of Title XXIX of Pub. L. 101-510), the Military 

Department shall issue a notice of potential availability—including a list of 

property and buildings at closing or realigning installations that will potentially 

become available—to the other DoD Components and other Federal Agencies. 

This notice should be made available to the public, upon request. Potential 

recipients could include, but are not limited to, the LRA (if recognized), elected 

officials from the communities in the vicinity of the installation, the governor, 

local developers, and businesses. Federal Agencies are encouraged to review 

this list with regard to their prospective property requirements and to evaluate 

whether they might have a requirement for the listed properties. Any interest 

received should be forwarded to the LRA, if one exists. For installations that 

wholly or partially consist of withdrawn public domain lands (see box below), the 

Military Department should begin consulting with the Bureau of Land 

Management at this time.

How does the 

Military Department 

determine whether 

there are DoD or 

Federal needs for 

property at the 

base?
Identifying Interests in Real Property and Reuse Planning

3-6 December 1997

Withdrawn Public Domain Lands

Withdrawn public domain lands are those lands that have been transferred from the 

Department of the Interior to a Military Department (i.e., withdrawn from the public 

domain) for military use. Public domain lands that are suitable for return to the public 

domain are not real property governed by the Federal Property and Administrative 

Services Act of 1949, as amended, and are not governed by the property management 

and disposal provisions of the Defense Base Closure and Realignment Act of 1990 or 

the Defense Authorization Amendments and Base Closure and Realignment Act of 

1988. Public domain lands are under the jurisdiction of the Secretary of the Interior 

and administered by the Bureau of Land Management (BLM) unless the Secretary of 

the Interior has withdrawn the lands and reserved them for another Federal Agency’s 

use.

The Military Department responsible for the closing installation will provide the BLM 

with the notice of potential availability, as well as information about which, if any, 

public domain lands will be affected by the installation’s closing. The BLM will 

review the notice of potential availability to determine if any installations contain 

withdrawn public domain lands. Before the date of approval of the closure, the BLM 

will review its land records to identify any withdrawn public domain lands at the 

closing installation, and any record discrepancies between BLM and the Military 

Department 

Withdrawn Public Domain Lands (concluded)

should be resolved during this time period. The BLM will notify the Military 

Department of the final agreed-upon withdrawn public domain lands. Upon 

agreement on the withdrawn lands, the BLM will begin determining whether the lands 

are suitable for Department of the Interior programs.

The Military Department will transmit a Notice of Intent to Relinquish (43 CFR 2372) 

to the BLM as soon as the property is identified as excess to DoD needs. The BLM will 

complete its suitability determination within 30 days of receiving the Notice of Intent 

to Relinquish. If public domain lands are to be used by a DoD Component, BLM will 

determine whether the existing authority for DoD use must be modified.

If BLM determines that the land is suitable for return to the public domain, it shall 

notify the Military Department that the Secretary of the Interior will accept the Military 

Department’s relinquishment. If the land is not found to be suitable for return to the 

public domain, the land will be disposed of pursuant to the authorities in the BRAC 

statutes.

Military Departments should consider LRA input in making determinations on 

the retention of property (i.e., the size of cantonment areas), if provided. 

Generally, determinations on the retention of property and the size of 

cantonment areas should be made prior to the date of approval of the closure. 

The Deputy Under Secretary of Defense (Industrial Affairs and Installations) 

must approve the proposed cantonment areas, unless such a retention is 

specifically authorized by the Defense Base Closure and Realignment 

Commission.

Air Traffic Control and Air Navigation Equipment

Within 90 days of the notice of availability, the Federal Aviation Administration (FAA) 

will survey any air traffic control and air navigation equipment at the installation to 

determine what is needed to support the air traffic control, surveillance, and 
DoD Base Reuse Implementation Manual

December 1997 3-7

communications functions supported by the Military Department. The FAA will also 

identify the facilities needed to support the National Airspace System. FAA requests 

for property to manage the National Airspace System will not be subject to the 

application process described in Section 3.2.2; instead, the FAA will work with the 

Military Department to prepare an agreement to take over the facilities and obtain the 

real estate rights necessary to control the air space being relinquished by the Military 

Department.

NOTICE OF AVAILABILITY

Within one week of the date of approval of the closure, the Military Department 

shall issue an official notice of availability to other DoD Components and 

Federal Agencies. This notice will identify and describe the buildings and 

property (“real property”) at the installation that will be available for transfer. 

This notice will contain substantially the same information as the notice of 

potential availability, but will confirm the property’s availability. Withdrawn 

public domain lands that the Secretary of the Interior has determined to be 

suitable for return to the public domain (as described above) will not be included 

in this notice.

Reversionary Rights

Property for military installations was sometimes obtained from State and local 

governments at a reduced price or at no cost. In such cases, the deed or other 

instrument conveying the property to the military may contain reversionary rights or 

reverter clauses that provide for return of the property to its former owner once the 

military need has ended. Therefore, the Military Department should review the 

provisions of its title(s) to the property in order to identify any pre-existing claims. If 

such claims or rights exist, the availability of the property for other Federal uses may 

be limited, and property subject to reversionary rights will generally not be available 

for disposal as surplus property. The mere fact that property had been donated to the 

military does not per se establish a reversionary right on the part of the donor.

Any interested DoD Component or Federal Agency is required to provide, 

within 30 days of the notice of availability, a written, firm expression of interest 

for identified real property (see Figure 3-3). An expression of interest must 

explain the intended use and corresponding requirement for the real property. 

Within 60 days from the date of the notice of availability, any interested DoD 

Component or Federal Agency (“requester”) must submit a written request to 

the Military Department for transfer of such real property. If the requests are 

not made in a timely fashion, Federal interests can still be met at the base. In 

these cases, the Federal Agency needs to participate in the reuse planning 

process and request that its proposed use become part of the LRA’s plan. (See 

Section 3.2.3 below for information on withdrawing a surplus determination.) The 

Military Department will keep the LRA informed of the progress in identifying 

DoD and Federal interests in real property at the installation. 
Identifying Interests in Real Property and Reuse Planning

3-8 December 1997

Native American Indian Interests

Native American Indian interests in property at closing or realigning installations can 

be addressed through two processes:

• Native American Indian tribes can submit expressions of interest to the Bureau of 

Indian Affairs (BIA), which is held to the same timetables and criteria as other 

Federal Agencies (described in this Section). For BRAC 95 installations, BIA has 

announced that it will only assist tribes at the Federal screening level if the tribe is 

located within the area economically effected by the closure and if the tribe itself is 

impacted by the closure. Interested tribes should contact BIA for information 

about its policy for expressions of interest.

• Tribal governments may participate in the local comprehensive planning process 

and express their interests to the LRA. Tribes adversely affected by the base 

closure should be part of the LRA and should work within this process to see their 

needs addressed through a single, comprehensive plan.

Interested DoD Components and Federal Agencies are encouraged to discuss 

with the LRA, if one exists, their plans and needs to determine the extent to 

which their proposed uses fit the anticipated redevelopment plan. Requesters 

are encouraged to notify the responsible Military Department of the results of 

this non-binding consultation. The Military Department, DoD Base Transition 

Coordinator (BTC), and Office of Economic Adjustment (OEA) Project Manager 

will facilitate coordination between Federal Agencies and DoD Components and 

the LRA.
DoD Base Reuse Implementation Manual

December 1997 3-9

3.2.2 Receiving and evaluating requests for property

A request from a DoD Component or Federal Agency must contain the 

following:

• A completed General Services Administration (GSA) 

Form 1334, “Request for Transfer of Excess Real and 

Related Personal Property” (for requests from other DoD Components a DD 

Form 1354 is required). This must be signed by the head of the component 

of the Department or Agency requesting the property. If the authority to 

acquire property has been delegated, a copy of the delegation must 

accompany the form.

• A statement from the head of the requesting component or Agency that the 

request does not establish a new program (i.e., one that has never been 

reflected in a previous budget submission or Congressional action).

• A statement that the requester has reviewed its real property holdings and 

cannot satisfy its requirement with existing property. This review must 

include all property under the requester’s accountability, including permits 

to other Federal Agencies and outleases to other organizations.

Figure 3-3. DoD and Federal Agency Screening Process

What information is 

needed in DoD and 

Federal property 

requests?
Identifying Interests in Real Property and Reuse Planning

3-10 December 1997

• A statement certifying that the requested property would provide greater 

long-term economic benefits than acquisition of a new facility or other 

property for the program.

• A statement that the program for which the property is requested has longterm viability.

• A statement that considerations of design, layout, geographic location, age, 

state of repair, and expected maintenance costs of the requested property 

clearly demonstrate that the transfer will prove more economical over a 

sustained period of time than acquiring a new facility.

• A statement certifying that the size and location of the property requested is 

consistent with the actual requirement.

• A statement that fair-market-value reimbursement to the Military 

Department will be made within two years of the initial request for the 

property, unless this obligation is waived by the Office of Management and 

Budget (OMB) and the Secretary of the Military Department or a statute 

provides for a non-reimbursable transfer.

• A statement that the requester agrees to accept the care and custody costs for 

the property on the date the property is available for transfer, as determined 

by the Military Department.

The following criteria from the Federal Property Management Regulations 

(41 CFR § 101-47.201-2) shall be used by the Military 

Department in reviewing applications from DoD and 

Federal requesters:

• The requirement upon which the request is based is 

both valid and appropriate.

• The proposed Federal use is consistent with the highest and best use of the 

property.

• The requested transfer will not have an adverse impact on the transfer of any 

remaining portion of the base.

— In making the decision on the appropriateness of the use, the highest and best use, 

and whether the proposed transfer will have an adverse impact of the disposal of 

the remainder of the base, the Military Department is encouraged to discuss the 

proposed use with the LRA.

• The proposed transfer will not establish a new program or substantially 

increase the level of an Agency’s existing programs.

• The application offers fair market value for the property, unless waived.

• The proposed transfer addresses applicable environmental responsibilities to 

the satisfaction of the Military Department.

• The proposed transfer is in the best interest of the Federal Government.

What criteria are 

used to evaluate 

DoD and Federal 

requests for 

property?
DoD Base Reuse Implementation Manual

December 1997 3-11

Requests from DoD Components should be forwarded by the Secretary of the 

Military Department responsible for the installation to the Deputy Under 

Secretary of Defense (Industrial Affairs and Installations) for review before final 

approval by the Military Department of the application.

Should competing demands arise (e.g., two Federal Agencies submit acceptable

applications for the same property), the responsible Military Department will 

resolve the conflict. The following additional factors should be considered:

• The needs of the military to carry out its mission.

• The proposal’s potential for economic development and job creation.

• The LRA’s comments.

• Other factors in the determination of highest and best use.

3.2.3 Making final determinations

The responsible Military Department shall make determinations of excess and 

surplus property within 100 days of the notice of 

availability, and shall inform the LRA of its 

determinations. If requested by the LRA, the Military 

Department may postpone this determination for no 

more than six months after the date of approval of 

closure or realignment.

· Extensions beyond six months can only be granted by the Deputy Under 

Secretary of Defense (Industrial Affairs and Installations) and will only be 

granted in unusual circumstances, with good cause shown.

• Extensions of the deadline for surplus determination should be limited to the 

portions of the installation on which there is an outstanding interest or 

controversy. Every effort should be made to make surplus decisions on as 

much of the installation as possible, within the specified timeframes.

• Surplus determinations for previously announced base closures should have 

already been made unless an extension has been granted by the Deputy 

Under Secretary of Defense (Industrial Affairs and Installations).

RECONSIDERATION OF SURPLUS DETERMINATION

At the discretion of the Military Department, a surplus determination may be 

withdrawn and a request reconsidered, when a Federal request is not made in a 

timely fashion, or when an LRA requests that the denial of a Federal request be 

reconsidered.

• Requests for transfer shall be made to the Military Department, provided 

that property disposal has not already occurred, and the Military 

Department will notify the LRA of the request. Review of the request must 

employ the criteria specified in Section 3.2.2 above.

• Comments received from the LRA and the time and effort invested by the 

LRA in the planning process should be considered when the Military 

Department is reviewing a late request. Generally, the Military Department 

When does the 

Military Department 

decide that property 

is available for nonFederal use?
Identifying Interests in Real Property and Reuse Planning

3-12 December 1997

should not entertain such a request unless the requested transfer is included 

in the redevelopment plan.

3.3 IDENTIFYING INTERESTS IN SURPLUS 

PROPERTY

The Military Departments and the LRA will comply 

with the Redevelopment Act, as amended, in identifying interests of State and 

local governments, representatives of the homeless, and other interested parties 

in surplus Federal property. 

Note: the provisions of the Redevelopment Act apply only to BRAC 95 bases and those 

BRAC 88, 91, and 93 bases whose LRAs properly elected to follow the Redevelopment 

Act procedures. All other BRAC 88, 91, and 93 bases are subject to the homeless 

assistance procedures established by Title V of the Stewart B. McKinney Homeless 

Assistance Act (“McKinney Act”) and Title XXIX of Pub. L. 103-160 (see Section 3.6 

for details). Homeless needs can only be addressed under one set of procedures; the 

Department of Defense and HUD generally will not treat portions of an installation 

under both the Redevelopment Act and the McKinney Act .

The Redevelopment Act states specific timelines for LRA and HUD actions 

throughout the process. After consultation with the LRA and HUD, DoD, 

through the Director of OEA, may extend or postpone any deadline in the 

Redevelopment Act based upon a finding that it is in the interest of the 

communities affected by the closure of the installation.

3.3.1 Publicizing the availability of property

Once the surplus determination has been made, the responsible Military 

Department shall:

• Provide information on the surplus real property to HUD and the 

installation’s LRA. If there is no recognized LRA at the time of the surplus 

determination, the Military Department will provide this information to the 

Chief Executive Officer of the appropriate State.

• Publish information about the surplus real property in the Federal Register

and in a newspaper of general circulation in the communities in the vicinity 

of the installation. The published information shall generally be the same as 

that furnished to DoD Components and Federal Agencies in the notice of 

availability.

• As soon as practicable after the list of installations recommended for closure 

or realignment is approved, DoD, through OEA, should recognize an LRA 

for the installation. Upon recognition, OEA shall publish information about 

the LRA (including name, address, telephone number, and point of contact) 

in the Federal Register and in a newspaper of general circulation in the vicinity 

of the installation. 

3.3.2 Soliciting notices of interest

The Redevelopment Act requires that the LRA receive 

notices of interest from State and local governments, 

representatives of the homeless, and other interested 

parties located in the vicinity of the installation (“interested parties”). The 

How are general 

property interests 

sought and 

identified?

How are potentially 

interested parties 

made aware of the 

available property?
DoD Base Reuse Implementation Manual

December 1997 3-13

representative of the homeless need not be located in the vicinity of the 

installation as long as the representative proposes to serve the homeless 

population in the vicinity of the installation. The LRA also has the option to 

solicit notices of interest from State and local governments and other interested 

parties that are interested in facilities that are eligible for public benefit transfers 

under the Federal Property and Administrative Services Act of 1949 or the

Surplus Property Act (49 U.S.C. 47151-47153), such as schools, public health 

facilities, parks, prisons, historic monuments, etc. It is in the LRA’s interest to 

identify all interests in the property before developing the redevelopment plan. 

If the Military Department receives any notices of interest, it should provide 

them to the LRA for consideration as potential uses in its redevelopment 

planning.

Representatives of the responsible Military Department, the BTC, and the OEA

Project Manager should assist the LRA in identifying interests in base property 

(including how to conduct outreach efforts) and addressing expressions of 

interest in its redevelopment plan. The Military Department, BTC, and OEA 

Project Manager should also assist the LRA in identifying and enlisting the aid 

of Federal Agencies that sponsor or approve public-purpose property 

conveyances that could support the redevelopment plan.

LOCAL TIMEFRAMES

Although the process may begin at any time, the local 

reuse planning process and identification of interests in 

surplus property must begin no later than the 

completion of Federal screening which is deemed to be the date of the Federal 

Register publication of available surplus property (for pre BRAC 95 installations, 

the LRA is not required to wait for a surplus determination to proceed with local 

screening and HUD will, on a case by case basis, determine whether these requirements 

have been fulfilled). The deadline for expressing interest will be set by the LRA, 

but it can be no earlier than three months and no later than six months after the 

LRA’s publication in the local newspaper, which should be made no later than 

30 days after the Military Department’s surplus publication as described below 

(for pre-BRAC 95 installations that have elected to follow the Redevelopment Act, the 

LRA shall accept notices of interest for not less than 30 days). The LRA is responsible 

for informing interested parties of its process, including the required format, 

content, deadline, and address for submitting formal notices of interest.

The LRA is required to publish the details of its process in a newspaper of 

general circulation in the vicinity of the installation and notify the Military 

Department of the deadline. Publication and notification of the deadline shall 

occur no later than 30 days after the Military Department’s Federal Register

surplus publication (see Section 3.3.1). LRAs are strongly encouraged to make 

this publication as soon as possible within the permissible 30-day period in 

order to expedite the disposal process.

OUTREACH

The Military Department and the LRA should assist State and local 

governments, representatives of the homeless, and other 

interested parties in evaluating surplus property at the 

installation. The LRA should coordinate this evaluation 

with the installation commander to ensure that there is 

no disruption to any ongoing military activity at the base. Furthermore, the 

LRA is required to conduct outreach efforts to provide information on the 

What are the 

timeframes for 

expressing interest 

to the LRA?

What types of 

outreach will the 

LRA conduct?
Identifying Interests in Real Property and Reuse Planning

3-14 December 1997

identified surplus real property to representatives of the homeless. LRAs are 

encouraged to contact the local HUD field office which can provide an updated 

list of persons and organizations that are representatives of the homeless in the 

vicinity of the installation, and the LRA should invite these representatives of 

the homeless to participate in the reuse planning process. These meetings 

should be in conjunction with a workshop, seminar, or forum in which the LRA

and representatives of the homeless discuss homeless needs in the vicinity of the 

installation and whether there is appropriate property at the installation to meet 

those needs. The LRA is responsible for formulating and undertaking this 

outreach effort to make redevelopment planning as inclusive as possible.

The LRA should, while conducting its outreach efforts, work with the Federal 

Agencies that sponsor public benefit transfers under the Federal Property and 

Administrative Services Act of 1949 and the Surplus Property Act. Those 

Agencies can provide a list of parties in the vicinity of the installation that might 

be interested in and eligible for public benefit transfers. The LRA should make 

a reasonable effort to inform such parties of the availability of the property and 

incorporate their interests within the planning process. Expressions of interest 

from such parties are not required to be incorporated into the redevelopment 

plan, but must be considered. 

3.3.3 Information required in a notice of interest

For representatives of the homeless, a notice of interest 

(to the LRA) must contain the following information:

• A description of the proposed homeless assistance 

program, including the purposes to which the 

property or facility will be put, which may include 

uses such as supportive services, job and skills 

training, employment programs, shelters, transitional 

or unlimited-stay housing, food and clothing banks, 

treatment facilities, or any other activity that clearly meets an identified need 

of the homeless.

• A description of the need for the program.

• A description of the extent to which the program is or will be coordinated 

with other homeless assistance programs or public uses in the communities 

in the vicinity of the installation.

• Information about the physical requirements necessary to carry out the 

program and a listing of potential buildings that meet those requirements.

• A description of the representative of the homeless that is submitting the 

notice, including its capacity for carrying out the program and its financial 

plan for the program’s implementation.

• An assessment of the time required to begin carrying out the program.

LRAs may publicly disclose the identity of the representative of the homeless 

which submitted a notice of interest. But, an LRA may not publicly release any 

information submitted to the LRA regarding the capacity of the representative 

of the homeless to carry out its program, a description of the organization, or 

the organization’s financial plan for implementing the program without the 

What supporting 

information must 

accompany a notice 

of interest in 

property?

Are there specific 

information 

requirements for 

homeless assistance 

providers?
DoD Base Reuse Implementation Manual

December 1997 3-15

consent of the homeless provider, unless such a release is authorized under 

Federal law and under the law of the State and communities in which the 

installation concerned is located. The notices of interest from entities other than 

representatives of the homeless should specify the name of the entity and 

specific interest in property or facilities, along with a description of the planned 

use. LRAs may also wish to request that these entities submit a description of 

the planned use to the sponsoring Federal Agency as well.

3.4 PREPARING THE REDEVELOPMENT PLAN 

AND ACCOMMODATING HOMELESS 

ASSISTANCE NEEDS

Within nine months after the deadline for notices of 

interest, the LRA is required to complete its 

redevelopment plan for the closing installation, and 

submit its application (containing the redevelopment plan and proposed 

homeless assistance) to HUD and the Military Department. In the event no 

application is submitted and no extension is requested as of the deadline to 

submit an application, and the State turns down a written DoD request for the 

State to become the LRA, the absence of such application will trigger an adverse 

determination by HUD effective on the date of the elapsed deadline. Under 

these conditions, HUD will follow the process identified in paragraph 3.5.3.

Under the provisions of the Redevelopment Act, the LRA must provide an 

opportunity for public comment before submitting its plan to HUD as part of its 

application for homeless assistance conveyances. At least one public hearing 

should be held and a summary of comments received during the process of 

developing the application should be submitted with the application.

3.4.1 Considering and accommodating notices of interest

Under the Redevelopment Act, the LRA is required to consider the notices of 

interest received from the representatives of the homeless and from other 

interested parties, then balance those interests with the community’s economic 

development needs.

In considering and accommodating homeless assistance needs, the LRA should 

be mindful of the criteria used by HUD in evaluating the homeless assistance 

provisions of redevelopment plans (see Section 3.5.2). In particular, the LRA 

should ensure that its planning effort is consistent with the Consolidated Plan 

prepared for HUD’s Community Development Block Grant program (CDBG), 

or equivalent plan for addressing homeless needs in the vicinity of the 

installation.

LRAs were required to provide special consideration for those representatives 

of the homeless at BRAC 88, 91, and 93 bases that were awaiting approval from 

the Department of Health and Human Services (HHS) on applications pending 

under Title V of the McKinney Act when the LRA elected to proceed under the 

Redevelopment Act. LRAs were required to specifically address all pending 

requests in their redevelopment plan and their proposed homeless assistance 

submitted to HUD (see Section 3.5).

What are the 

elements of a 

redevelopment 

plan?

How are homeless 

assistance needs 

incorporated?
Identifying Interests in Real Property and Reuse Planning

3-16 December 1997

SPECIAL CONSIDERATION

In the case of representatives of the homeless whose applications have been 

approved by HHS under Title V of the McKinney Act, but the property applied 

for had not been transferred when the LRA elected to proceed under the 

Redevelopment Act, the LRA was required, in its redevelopment plan, to 

accommodate the provider with one of the following:

• The property requested;

• Properties, on or off the installation, that are substantially equivalent to those 

requested;

• Sufficient funding to acquire such substantially equivalent properties;

• Services and activities that meet the needs identified in the application; or

• A combination of the properties, funding, and services and activities 

described above.

Case Studies of Successful Homeless Assistance Planning

The redevelopment planning process must include the identification of homeless needs 

and reflect a balance with local community and economic development needs. LRAs will need 

to establish linkages to local homeless providers as a catalyst for effective planning. The 

following case studies illustrate two effective community-based efforts.

Charleston Naval Base, Charleston, SC—At the request of the Building 

Economic Solutions Together (BEST) Committee, a tri-county consortium of homeless 

providers was organized. The Task Force, representing over 75 local provider 

organizations, attempted to coordinate all homeless interests in the site under one 

planning process. Assistance and reuse follow-up is focused on transitional housing, a 

medical clinic, a service center, child-care facilities, a dining hall, warehousing, and job 

training sites. All of these uses were consistent with the efforts of, and fully supported 

by, the BEST Committee.

Homestead AFB, Homestead, FL—Hurricane Andrew greatly exacerbated a 

housing supply problem that had historically plagued the area. South Dade’s 

homeless population was estimated at 1,800 when the reuse plan was developed. The 

reuse committee’s subgroup on housing and the homeless teamed with Dade County’s 

Homeless Trust to bring together areawide homeless providers to identify, negotiate, 

and lead public outreach. The Trust is a quasi-governmental group that was created in 

1992 to oversee the county’s homeless policies, as well as the moneys raised through a 

county meal-and-beverage tax that are given to homeless providers. Strong leadership 

from the Deputy Assistant Secretary of HUD, who was assigned to the area to 

coordinate the Federal response to the hurricane rebuilding, assisted the effort. The 

result: 75 acres were set aside for homeless use; mental health, substance abuse, 

vocational training, transitional housing and other services will also be made available 

to the residents.

3.4.2 Contents of the redevelopment plan

The redevelopment plan is a document created by the LRA to meet the needs of 

its member jurisdictions. The format and contents of the redevelopment plan 

are not prescribed—they will vary widely depending upon the individual 

circumstances unique to each local community organization and facility to be 

What are the 

requirements for 

approved McKinney 

Act applications?
DoD Base Reuse Implementation Manual

December 1997 3-17

disposed. It will often be structured to serve as a “blueprint” for local base 

redevelopment and economic adjustment activity as well as provide input for 

the Military Department’s NEPA analysis. Remember that each reuse plan is 

different—it needs to be custom-designed by the LRA to meet the individual 

needs of the community. While there isn’t any one format or model for a 

redevelopment plan, often they contain many of the following elements:

• A statement of the problem/impact (should be kept to a minimum).

• An assessment of the strengths and weaknesses of the regional economy in 

which reuse will occur.

• A marketing strategy for attracting private sector tenants.

• A determination of infrastructure requirements and how they are to be 

financed.

• An articulation of community goals, both short- and longer- term, 

particularly as they relate to job creation and economic activity. This should 

include a discussion of how the community goals are balanced with 

homeless assistance needs.

• An identification of proposed land uses supportive of the community's goals 

and any specifically identified uses along with the intended conveyance 

method for achieving the reuse (e.g., previously approved Federal requests 

or DoD cantonment areas, public benefit conveyances, economic 

development conveyances, public or negotiated sales; see Section 2.3 and 

Appendix A). With respect to public benefit conveyances, the LRA’s plan 

makes a recommendation on uses. During the formal public benefit 

screening process, sponsoring Federal Agencies make a recommendation on 

users. 

What information is 

generally found in a 

redevelopment 

plan?
Identifying Interests in Real Property and Reuse Planning

3-18 December 1997

• An implementation strategy and an identification of the organization needed 

to carry out the plan.

Figure 3-4. Example Redevelopment Plan—Land-Use Map
DoD Base Reuse Implementation Manual

December 1997 3-19

Figures 3-4 and 3-5, respectively, show the proposed land uses and conveyance 

methods contained in a fictional redevelopment plan. This notional plan 

combines a broad variety of public, private, commercial, and recreational land 

uses to achieve a balanced reuse program.

During redevelopment planning, property recipients and/or uses and 

conveyance methods may also be identified; for example, the State park, wildlife 

refuge, highway expansion, and public airport land uses are most 

straightforwardly achieved through specific conveyance methods that can only 

be granted to certain agencies (i.e., State Department of Parks and Recreation, 

Department of the Interior, State Department of Transportation, local airport 

authority) that should have already been identified. Other land uses (e.g., light 

industry) can be achieved through various conveyance methods and the users 

may not be specifically identified until the implementation phase of 

redevelopment.

Figure 3-5 emphasizes the LRA’s proposed conveyance methods for achieving 

reuse. Where appropriate, public-purposes conveyances are used; for example, 

Figure 3-5. Example Redevelopment Plan—Conveyance Methods
Identifying Interests in Real Property and Reuse Planning

3-20 December 1997

the community college will acquire a facility through an educational public 

benefit conveyance. In addition, the LRA proposes to acquire a large segment 

of the developed area of the base by an Economic Development Conveyance, for 

light industrial uses (see Figure 3-4). On the other hand, in the undeveloped 

area of the installation, the LRA will achieve light industrial and residential land 

uses through zoning and public sale, because the LRA does not want to assume 

development responsibilities for that area. The developed residential area and 

golf course will be conveyed by negotiated sale to the local government for lowincome housing and recreation, respectively, and a homeless assistance 

conveyance will be used to satisfy a local need for worker training.

Comparison of Figures 3-4 and 3-5 shows that a broad variety of land uses and 

conveyance methods can and should be used to achieve reuse of an installation. 

A particular land use can be achieved through multiple conveyance methods 

and, conversely, a single conveyance method can be used to obtain multiple 

land uses. Effective redevelopment depends on selecting a combination of land 

uses and conveyance methods that is appropriate to the local economic 

environment.

Figure 3-6 illustrates the evolution of interests and proposed uses for property 

that can occur throughout the redevelopment planning process.

3.5 REVIEW OF HOMELESS ASSISTANCE APPLICATION FOR APPROVAL

3.5.1 Application to HUD

Under the provisions of the Redevelopment Act, the LRA is required to submit 

its application containing the redevelopment plan and proposed homeless 

assistance to the Secretary of the Military Department and the Secretary of 

HUD. This application will show how the LRA has addressed the needs of the 

homeless in the vicinity of the installation and must, at a minimum, include the 

following:

• A copy of the redevelopment plan with a summary of any public comments 

received during the process of developing the plan.

• A description of the homeless assistance needs in the units of general local 

government that comprise the LRA and a listing of those political 

jurisdictions.

• A copy of each notice of interest for use of buildings and property to assist 

the homeless, including a description of the manner in which the plan 

addresses the interest expressed, and, if the plan does not address the 

interest, an explanation. If the LRA decides not to accommodate a particular 

notice of interest, the application must include an explanation of why the 

LRA determined not to support the notice of interest. The reasons given in 

the explanation may include the impact the program would have on the 

community.

• A description of the impact that the implemented redevelopment plan will 

have on the community.

• A summary of the LRA’s outreach actions to representatives of the homeless 

including a list of the representatives the LRA contacted during the outreach 

process.

What information 

does HUD require?
DoD Base Reuse Implementation Manual

December 1997 3-21

• Information about the property proposed for homeless assistance purposes, 

including infrastructure and the availability of services and utilities.

• A description of the proposed activities to be carried out on or off the 

installation and a discussion of how these activities meet a portion or all of 

the needs of the homeless.

• A description of how buildings, property, funding, and/or services either on 

or off the installation will be used to meet the needs of the homeless and an 

explanation of the suitability of the buildings and property for that use.

• An assessment of the manner in which the application balances the needs of 

the homeless and the needs of the communities in the vicinity of the 

installation for economic and other development.

• An explanation of how the application is consistent with the Consolidated 

Plan or equivalent long-term plan for addressing homeless needs in the 

vicinity of the installation.

• Copies of any legally binding agreements that the LRA proposes to enter into 

with representatives of the homeless.

3.5.2 HUD review of the application

HUD must complete its review of the LRA’s application (with respect to the 

expressed homeless interests) within 60 days after its receipt of a completed 

application. It will then notify the Military Department and the LRA of its 

findings. In particular, HUD will determine whether the application and the 

redevelopment plan, with respect to expressed homeless interests:

• Takes into consideration the size and nature of the homeless population in 

the communities in the vicinity of the installation, the availability of existing 

services in such communities to assist the homeless in such communities, 

and the suitability of the buildings and property covered by the 

redevelopment plan for the use and needs of the homeless in such 

communities.

• Takes into consideration any economic impact that the homeless assistance 

provisions of the plan have on the communities in the vicinity of the 

installation, including:

— Whether the plan is feasible in light of demands that would be placed on 

available social services, police and fire protection, and infrastructure in 

the community.

What factors does 

HUD consider in 

reviewing an 

application?
Identifying Interests in Real Property and Reuse Planning

3-22 December 1997

Figure 3-6. Evolution of Interests and Uses for a Notional Facility
DoD Base Reuse Implementation Manual

December 1997 3-23

— Whether the selected notices of interest are consistent with the 

Consolidated Plan(s) or any other existing housing, social service, 

community, economic, or other development plans adopted by the 

political jurisdictions in the vicinity of the installation.

• Specifies the manner in which the buildings, property, funding, and/or 

services on or off the installation will be made available for homeless 

assistance purposes.

• Balances, in an appropriate manner, a portion or all of the needs of the 

communities in the vicinity of the installation for economic redevelopment 

and other development with the needs of the homeless in such communities.

• Was developed in consultation with representatives of the homeless and the 

homeless assistance planning boards, if any, in the communities in the 

vicinity of the installation and whether the outreach requirements have been 

fulfilled by the LRA. HUD will carefully review the outreach process to 

ensure that the LRA has adequately advertised the availability of installation 

properties to representatives of the homeless and may compare the list of 

homeless representatives contacted by the LRA against contacts maintained 

by HUD.

In the course of the review, the Secretary of HUD should take into consideration 

and be receptive to the predominant views on the plan of the communities in 

the vicinity of the installation covered by the plan. HUD may also consult and 

negotiate with an LRA before or during its review to resolve any concerns, such 

as a preliminary determination that the application and plan do not meet 

relevant requirements. The LRA may modify the redevelopment plan and its 

application in accordance with such negotiations and consultations.

At the completion of the review, HUD will provide its written determination to 

the LRA and the Secretary of the Military Department. If the Secretary of HUD 

determines that the application does not meet the review criteria, the Secretary 

will also provide a summary of the deficiencies in the application, an 

explanation of the determination, and a statement of the actions needed to 

address the determination.

3.5.3 Revision of the application and redevelopment plan

The LRA will be given 90 days to address HUD’s determination and submit a 

revised application, if necessary. After reviewing the LRA’s revised application, 

HUD will report to the Military Department and to the LRA on the results of its 

review within 30 days. Failure to submit a revised application (or to obtain an 

extension) shall result in a final determination, effective 90 days from the LRA’s 

receipt of HUD’s preliminary determination, that the application fails to meet 

HUD’s review criteria.

If HUD determines the revised application is unacceptable or if no resubmission 

is received, HUD will review the original application including the notices of 

interest submitted by representatives of the homeless. In addition to reviewing 

the original application, and when no original application was submitted, HUD:

• Shall consult with the homeless representatives, if any, for the purpose of 

evaluating the continuing interest of such representatives in the use of 

buildings or property at the installation to assist the homeless. This 

Can the LRA revise 

its application and 

plan?
Identifying Interests in Real Property and Reuse Planning

3-24 December 1997

consultation can include a request that the representatives of the homeless 

submit information regarding its program as outlined in Section 

2905(b)(7)(L)(ii) of DBCRA 90, as amended;

• May consult with the applicable Military Department to determine the 

suitability of the buildings and property at the installation for use to assist 

the homeless; and

• May otherwise consult with representatives of the homeless and other 

parties as necessary.

Within 90 days of its receipt of a revised application which HUD previously 

determined did not meet the review criteria, HUD shall, based upon its reviews 

and consultations, notify DoD and the LRA of the buildings and property at the 

installation that HUD determines are suitable for use to assist the homeless, and 

the extent to which the revised application meets the review criteria.

In the event that an LRA does not submit a revised application, HUD shall, 

based upon its reviews and consultations, notify DoD and the LRA of the 

buildings and property at the installation that HUD determines are suitable for 

use to assist the homeless either:

• Within 190 days after HUD sends its preliminary notice of adverse 

determination if an LRA has not submitted a revised application; or

• Within 390 days after the Military Department’s publication of its surplus 

determination, if no application has been received and no extension has been 

approved.

If HUD approves the LRA’s application, the Military Department, upon notice 

of HUD’s determination, will dispose of buildings and property at the 

installation in accordance with the record of decision or other NEPA decision 

document prepared for the installation. 

If the LRA’s application does not meet the review criteria, upon notice from 

HUD regarding the suitability of property and/or the extent to which the LRA’s 

application meets the criteria, DoD will dispose of the buildings and property in 

consultation with HUD and the LRA. 

HUD’s approval of the LRA’s application in no way dictates what property 

conveyance methods should be used to transfer property to accomplish the uses 

outlined in the redevelopment plan. Rather, the Military Department, as the 

disposal authority, determines what disposal method should be used. For 

property designated for homeless assistance purposes, one such method is a 

homeless assistance conveyance (see Section 2.3 and Appendix A). Under a 

homeless assistance conveyance, property can be conveyed at no cost, either to 

the LRA or directly to the representative(s) of the homeless. The Military 

Department does not need approval from HUD to dispose of property using 

this authority.

• Under the Redevelopment Act, the LRA shall be responsible for the 

implementation of and compliance with legally binding agreements under 

the application. 

How is property 

conveyed for 

homeless assistance 

purposes?
DoD Base Reuse Implementation Manual

December 1997 3-25

• If a building or property reverts to the LRA under a legally binding 

agreement under the application, the LRA shall (according to the 

Redevelopment Act) take appropriate actions to secure, to the maximum 

extent practicable, the utilization of the building or property by other 

homeless representatives to assist the homeless. An LRA is not required to 

utilize the building or property to assist the homeless.

3.5.4 Determining eligibility to receive property under public-purpose 

conveyances

No later than the LRA’s submission of its redevelopment plan, the Military 

Department should formally notify the appropriate Federal sponsoring 

Agencies of the availability of the property for their screening under the Federal 

Property Management Regulations. Remember, the LRA has made a 

recommendation on use, and the sponsoring Agencies will make a recommendation on 

the user. This notification should be based upon the LRA’s redevelopment plan. 

The Federal sponsoring Agencies should formally notify eligible public and nonprofit parties that the property is available for public use. Any party requesting 

this property must prepare an application for use of the property in accordance 

with the rules of the sponsoring Federal Agency and submit the application to 

this Federal Agency. In approving any application for public benefit or other 

public-purpose conveyance of the property, the Military Department will 

exercise its discretion based on the recommendation of the appropriate Federal 

sponsoring agency and the LRA, as well as other relevant factors (e.g., 

environmental impacts and condition of the property). Only in unusual 

circumstances will a proposal be considered if the application for property is not

consistent with the redevelopment plan. At the request of the LRA, the Military 

Department may conduct the State and local public benefit screening at any 

time after the Military Department’s publication of surplus property.

3.6 ACCOMMODATING HOMELESS ASSISTANCE NEEDS UNDER 

TITLE XXIX OF PUB. L. 103-160 (BRAC 88, 91, AND 93 BASES)

This section outlines the procedures for the identification of real property to 

fulfill the needs of the homeless that were created by Title V of the Stewart B. 

McKinney Homeless Assistance Act (42 U.S.C. § 11411), as implemented by 

Section 2905(b)(6) of Pub. L. 101-510 and Section 204(b)(6) of Pub. L. 100-526, 

according to the amendments in Title XXIX of Pub. L. 103-160. These 

procedures apply to BRAC 88, 91, and 93 bases for which the LRA did not 

choose to provide for the homeless under the alternate procedures in Section 

2905(b)(7) of Pub. L. 101-510, as amended by Pub. L. 103-421, the 

Redevelopment Act. The alternate procedures apply to BRAC 95 bases and 

those BRAC 88, 91, and 93 bases for which the LRA chose to follow the 

Redevelopment Act (see Sections 3.3–3.5 for details on this procedure).

The surplus determination for installations covered by this section should have 

been made prior to publication of the rule, unless a postponement of the 

determination was requested by the LRA and approved by the Deputy Under 

Secretary of Defense (Industrial Affairs and Installations).

Not later than the date of the surplus determination, the Military Department 

shall complete any determinations or surveys necessary to identify those 

properties available to assist the homeless. The Military Department shall 

submit the list of available properties to HUD. HUD shall make a 

determination of the suitability of each property to assist the homeless in 

accordance with the McKinney Act. Within 60 days from the date of receipt of 

How are recipients 

of public-purpose 

conveyances 

identified?

How are homeless 

assistance needs 

accommodated at 

BRAC 88, 91, and 93 

bases?
Identifying Interests in Real Property and Reuse Planning

3-26 December 1997

the information from the Military Department, HUD shall publish a list in the 

Federal Register of suitable properties that shall become available when the base 

closes.

The listing of properties in the Federal Register under this procedure shall contain 

the following statement. [The listing of 1988 base closure properties that will be 

reported to HUD shall refer to Section 204(b)(6) of Pub. L. 100-526 instead of Section 

2905(b)(6) of Pub. L. 101-510]:

The properties contained in this listing are at closing and realigning military 

installations. This report is being accomplished pursuant to 

Section 2905(b)(6) of Pub. L. 101-510, as amended by Pub. L. 103-160. In 

accordance with Section 2905(b)(6), this property is subject to a one-time 

publication under the McKinney Act after which property not provided to 

homeless assistance providers will not be published again unless there is no 

expression of interest submitted by the local redevelopment authority in the 

one-year period following the end of the McKinney screening process 

pursuant to this publication.

After the surplus determination, the Military Departments shall, unless already 

completed, sponsor a workshop or seminar, where feasible, prior to publication 

by HUD of the available properties in the Federal Register, in communities that 

have closing or realigning bases.

Providers of assistance to the homeless shall have 60 days from the date of the 

Federal Register publication in which to submit to HHS expressions of interest in 

any of the listed properties. If a provider indicates an interest in a listed 

property, it shall have an additional 90 days after submission of its written 

notice of interest to submit a formal application to HHS, a period that HHS can 

extend. HHS shall then have 25 days after receipt of a completed application to 

review and complete all actions on such applications.

During this screening process (from 60 to 175 days following the Federal Register

publication, as appropriate), disposal Agencies shall take no final disposal 

action or allow reuse of property that HUD has determined suitable and that 

may become available for homeless assistance unless and until:

• No timely expressions of interest from providers are received by HHS;

• No timely applications from providers expressing interest are received by 

HHS; or

• HHS rejects all applications received for a specific property.

The Military Department should promptly inform the affected LRA, the 

governor of the State, local governments, and Agencies that support public 

benefit conveyances of the date that surplus property will be available for 

community reuse if:

• No provider expresses an interest in a property to HHS within the allotted 

60 days;

• There are expressions of interest by homeless assistance providers, but no 

application is received by HHS from such a provider within the subsequent 
DoD Base Reuse Implementation Manual

December 1997 3-27

90-day application period (or within the longer application period if HHS 

has granted an extension); or

• HHS rejects all applications for a specific property at any time during the 

25-day HHS review period.

The LRA shall have one year from the date of notification to submit a written 

expression of interest to incorporate the remainder of the property into a 

redevelopment plan.

During the allotted one-year period for the LRA to submit a written expression 

of interest for the property, surplus properties not already approved for 

homeless use shall not be available for homeless assistance. The surplus 

properties will also not be advertised by HUD as suitable during these one-year 

periods. The surplus property may be available for interim leases consistent 

with existing leasing regulations and guidance.

If the LRA does not express in writing its interest in a specific property during 

the allotted one-year period, the disposal Agency shall again notify HUD of the 

date of availability of the property for homeless assistance. HUD may then list 

the property in the Federal Register as suitable and available after the base closes 

following the procedures of Title V of the McKinney Act.

The listing of properties in the Federal Register under this procedure shall contain 

the following statement. [The listing of 1988 base closure properties that will be 

reported to HUD shall refer to Section 204(b)(6) of Pub. L. 100-526 instead of Section 

2905(b)(6) of Pub. L. 101-510]:

The properties contained in this listing are at closing and realigning military 

installations. This report is being accomplished pursuant to 

Section 2905(b)(6) of Pub. L. 101-510, as amended by Pub. L. 103-160. In 

accordance with Section 2905(b)(6), this property is subject to a one-time 

publication under the McKinney Act after which property not provided to 

homeless assistance providers will not be published again unless there is no 

expression of interest submitted by the local redevelopment authority in the 

one-year period following the end of the McKinney screening process 

pursuant to this publication.
Identifying Interests in Real Property and Reuse Planning

3-28 December 1997

This page intentionally left blank
December 1997 4-1

4

Personal Property

Frequently Asked Questions About Personal Property

‚ What is DoD’s philosophy and goal for personal property? Section 4.1

‚ What is personal property? Section 4.1

‚ How, when, and why is personal property inventoried? Section 4.2

‚ How is the LRA involved in identifying personal property it needs? Section 4.3

‚ How is personal property transferred? Can it be obtained at discount? Section 4.4

‚ Are there limitations or conditions on transferred personal property? Section 4.4

‚ Can personal property be resold once it is transferred? Section 4.4

‚ Can the Military Department provide substitute personal property? Section 4.5

‚ What is DoD’s general guidance regarding emission rights? Section 4.6

4.1 INTRODUCTION

4.1.1 Philosophy and goal

The Department of Defense realizes that the manner in which personal property 

is disposed of at a closing base can have an important impact on the local 

community’s prospects for economic recovery. The communities should also 

realize that some personal property on the base is needed for the Military 

Department to carry out its mission. In making decisions on the disposal of 

personal property, the Military Department should strive to find the best use for 

the property while making every reasonable effort to assist the LRA in obtaining 

the available personal property needed to implement its redevelopment plan. 

The needs of the Military Department should be balanced against the needs for 

community redevelopment.

4.1.2 Definition of personal property

Personal property includes all property except land and fixed-in-place 

buildings, naval vessels, and records of the Federal Government.

4.1.3 General practice

Personal property is often useful to the redevelopment of real property, but is 

also important to the functioning of the military mission. Figure 4-1 shows the 

general practice by which personal property is identified for reuse and 

subsequently disposed of at a closing base. This process can be summarized as 

follows:

What is DoD’s 

philosophy and goal 

for personal 

property?

What is personal 

property?
Personal Property

4-2 December 1997

Figure 4-1. BRAC Personal Property General Practice Flow Chart
DoD Base Reuse Implementation Manual

December 1997 4-3

• The installation commander will, in consultation with the LRA, inventory the 

personal property at the installation no later than six months after the date of 

closure or realignment approval, and prepare usable inventory records. This 

will help the LRA identify assets with reuse potential. Property items will be 

generally identified as either available for reuse, or not available for reuse.

• LRA consultation should include a walk-through of the base so that LRA 

officials can view available personal property and should continue during 

redevelopment planning. The Military Departments will be sensitive to the 

planning needs of the LRA and will not move ordinary fixtures and other 

property that are likely to be suitable for reuse during redevelopment 

planning. However, personal property necessary to meet specific military 

requirements or non-Military Department-owned property is subject to offbase relocation.

• The Military Department should advise the LRA to identify in its 

redevelopment plan the property necessary for the effective implementation 

of the plan. Personal property may be conveyed to an LRA or other 

recipients under various authorities, including an EDC. The LRA may 

separately negotiate with non-appropriated fund (NAF) instrumentalities for 

NAF-owned property.

• Payment for personal property may be at or below fair market value, or may 

be at no cost, depending on the conveyance authority used. Purchases of 

NAF-owned property may be negotiated between the NAF property 

owner(s) and the LRA.

• The basic steps in this procedure and the party(ies) principally responsible 

for each are shown in Figure 4-1. The procedure depicted has been compiled 

from Military Department-specific practices, but may be executed somewhat 

differently at a particular BRAC installation.

4.2 PERSONAL PROPERTY INVENTORY

4.2.1 Inventory requirement

The installation commander at a closing or realigning base must conduct an 

inventory of all property owned by the Department of Defense on the 

installation, including any non-contiguous parcels of property to be disposed of 

in conjunction with the main site, within six months after the approval date of 

closure or realignment. The goal of the inventory is to identify, as early as 

possible, personal property that will be made available to the LRA for reuse 

planning purposes, as well as property that may be relocated. To facilitate this 

process, the installation commander, with input from tenant commanders, if 

applicable, is required to identify items of personal property that are:

• Needed to support a military mission.

• Needed to support the LRA’s redevelopment plan.

• Ordinary fixtures.

• Available for redistribution within or outside of the Department of Defense.

When should 

personal property be 

inventoried?

Why is it necessary?

Who is responsible 

for the inventory?
Personal Property

4-4 December 1997

4.2.2 Procedure

Personal property records should be assembled and made available as soon as 

possible after the date of approval. This activity should be followed by a 

physical inspection and count, where necessary, to determine the condition and 

quantity of personal property that will be made available to the LRA for reuse 

planning purposes. The personal property inventory should be performed 

under the direction of the installation commander, with input from tenant 

commanders, if applicable, in consultation with the LRA. The inventory should:

• Include all DoD tenant organizations including the National Guard and 

Reserves, if applicable (see Section 4.2.4).

• Exclude non-DoD tenant organizations and transient property (e.g., other 

Federal Agency offices, General Services Administration (GSA) vehicles, 

contractor equipment), property located on any portion of the base retained 

by DoD and not related to the productive capacity or minimum maintenance 

requirements of the installation, and NAF-owned property.

• Identify personal property as available for reuse, or not available for reuse. 

Fixtures shall be identified as available for reuse (see also Section 4.2.3).

If installation personal property records and inventories are not in an easily 

usable format, the installation commander should consider creating simplified 

personal property inventory summaries for use by the LRA and others. The 

Military Departments will keep copies of all shipping records, transfer orders 

and other records associated with all transfers of personal property.

4.2.3 Personal property categories

The following descriptions and categories of personal property are provided to 

facilitate LRA and Military Department dialogue during the redevelopment 

planning period. This information is also provided to help installation and 

tenant commanders determine items of personal property that will be made 

available to the LRA for redevelopment purposes. Personal property will be 

identified according to the following categories:

• Available for reuse and not available for reuse. Both accountable and nonaccountable personal property will be initially identified as either available 

for reuse or not available for reuse. This identification will be made by the 

installation commander or tenant commander, depending on what entity 

owns the property, in consultation with the LRA. Except for specifically 

exempted items (see also Section 4.2.4), personal property may be identified 

as available for reuse at any time during the redevelopment planning 

process. Personal property can only be identified as being not available for 

reuse if it meets the criteria provided in Section 4.2.4.

• Ordinary fixtures. This category includes items commonly referred to as 

fixtures in typical real estate transactions. It includes, but is not limited to, 

such items as blackboards, sprinklers, lighting fixtures, electrical and 

plumbing systems, built-in furniture, fuse boxes, etc.

• Not needed for redevelopment. After the inventory and LRA consultation 

(see Section 4.3), the inventory list or other identification records may be 

What’s the personal 

property inventory 

procedure?

What inventory 

categories should be 

used?

What about 

non-accountable 

items?
DoD Base Reuse Implementation Manual

December 1997 4-5

updated to include items not needed for redevelopment (see also Section 

4.2.4). Items initially identified as being not available for reuse or not 

needed for redevelopment need not be included on a detailed inventory list. 

This determination can be made at any time.

• Status under disagreement. If the installation commander or tenant 

commander and the LRA cannot agree on an item’s category, the item will be 

included in the detailed inventory list and identified as status under 

disagreement until resolved by the process described in Section 4.3.1.

Additionally, all personal property is either accountable or non-accountable. 

This distinction affects the level of detail required for the inventory records to 

be provided to the LRA.

• Accountable personal property. Property for which a continuously updated 

itemized inventory is maintained. Inventorying accountable property should 

be straightforward, using installation inventory procedures and records.

• Non-accountable personal property. Property for which an updated 

itemized inventory is not maintained. For example, some office furnishings 

(e.g., desks, chairs, file cabinets) and consumables (e.g., paper, pencils) not 

physically attached to the buildings are non-accountable. All nonaccountable personal property determined to be available for reuse should 

be inventoried. Consumables do not have to be included, however. The 

level of detail of inventory information to be provided to the LRA should be 

determined by the installation or tenant commander in consultation with the 

LRA. Non-accountable personal property may be inventoried on a gross 

basis by facility, and provided to the LRA in summary format, as illustrated 

below:

— Bachelor Officers’ Quarters (BOQ)—25 rooms and offices, furnished.

— Administration Building—10 offices, furnished.

• Unserviceable but repairable. Certain items of personal property may be in 

unserviceable but repairable condition. These items should be specifically 

noted on the inventory record, including any safety precautions that apply.

Note that all personal property will be conveyed to the LRA or recipient “as-is” 

and will not be repaired by the Military Department or Defense Agency, 

regardless of condition at the time of conveyance.

4.2.4 Eligibility criteria for personal property items identified as “not 

available for reuse” or “not needed for redevelopment”

The installation or tenant commander may initially identify items as not 

available for reuse if they meet one of the following seven criteria:

• The property, other than ordinary fixtures, is required for the operation of 

a transferring unit, function, component, weapon, or weapon system. This 

category includes property belonging to a unit or activity relocating to 

another installation where equivalent property does not exist, and for which 

relocation is cost-effective. For example, a unit being transferred to another 

What criteria 

determine personal 

property to be “not 

available for reuse” 

or “not needed for 

redevelopment?”
Personal Property

4-6 December 1997

location may take with it any property it needs to function properly as soon 

as it arrives at its new location. 

• The property is required for the operation of a unit, function, component, 

weapon, or weapon system at another installation within the Military 

Department or Defense Agency. Property in this category can only be 

categorized as “not available for reuse” after the Military Department or 

Defense Agency has consulted with the LRA. With respect to disputed 

items, the approval of an Assistant Secretary of the Military Department or 

appropriate Defense Agency official is required.

• The property is uniquely military in character and is likely to have no 

civilian use (other than use for its material content or as a source of 

commonly used components). Such property includes classified items; 

nuclear, biological, chemical items, weapons and munitions; museum-owned 

property, military heritage property, and items of significant historic value 

that are maintained or displayed on loan from a museum or other entity; and 

similar military items.

• The property is stored at the installation for distribution. This category 

includes spare parts or stock items; e.g., materials or parts used in a 

manufacturing or repair function, but does not include maintenance spare 

parts for equipment that will be left in place. This category includes supplies 

and property stored for purposes of distribution and/or maintenance 

(including spare parts, consumables or stock items), except for those items 

needed for maintenance of equipment left in place.

• The property meets the known requirements of an authorized program of 

another Federal Department or Agency that would otherwise have to 

purchase similar items, and the property has been requested in writing by 

the head of the Department or Agency. If the authority to acquire personal 

property has been delegated, a copy of the delegation must accompany the 

request. The requesting Federal Department or Agency must pay packing, 

crating, handling, and transportation charges associated with such transfers 

of personal property.

• The property is needed elsewhere in the national security interest of the 

United States, as determined by the Secretary of the Military Department or 

Director of the Defense Agency concerned. This authority may not be 

delegated below the Assistant Secretary level or equivalent. In exercising 

this authority, the Secretary or Director may transfer the property to any 

DoD entity or other Federal Agency.

• The property belongs to non-appropriated fund (NAF) instrumentalities or 

other non-Defense Department entities. This category includes property 

purchased with funds generated by Government employees and their 

dependents for religious; morale, welfare or recreational activities; post 

exchanges; ship stores; military officer or enlisted clubs; or veterans’ 

canteens. This property is not owned by the Military Department. The 

following three subcategories merit further explanation:
DoD Base Reuse Implementation Manual

December 1997 4-7

— Non-DoD personal property. DoD does not own certain items of personal 

property (e.g., it belongs to a lessee renting space on the active 

installation). Thus, it is outside of the Military Department’s or Agency’s 

control, and cannot be identified as being available for reuse. Unless 

specific arrangements are otherwise made, this property will not be 

subject to availability for planning purposes or for transfer to the LRA or 

any other recipient.

— NAF property. The Military Department should advise the LRA to make 

arrangements to purchase NAF property (including negotiating the 

purchase price) directly with the NAF property owner as early in the 

redevelopment planning process as possible.

— State-owned National Guard-used property. At bases hosting National 

Guard units, some items of personal property may have been purchased 

with State funds. Items demonstrably identified as being purchased with 

State funds are not available for reuse planning or subject to transfer for 

redevelopment purposes, unless so identified by the State property 

officer. However, certain items of personal property used by National 

Guard units at closing bases have been purchased with Federal funds. 

These items are subject to inventory and may be made available for 

redevelopment planning purposes.

Only those items of personal property meeting the following criterion, may be 

identified as personal property not needed for redevelopment:

• The property is not required for the reutilization or redevelopment of the 

installation. This determination must be made by the Military Department 

or Defense Agency in consultation with the LRA. This determination will 

not generally be made until one of the following occurs:

— The LRA indicates that it does not need the property (e.g., during the 

installation walk-through).

— The LRA does not include the property in its redevelopment plan.

— The LRA indicates that it will not submit a redevelopment plan.

4.3 REQUIRED LRA CONSULTATION

4.3.1 Initial LRA consultation

Consultation between the installation commander and the LRA is required 

throughout the redevelopment planning period. The following guidelines 

should be used to facilitate personal property consultation.

• Consult early. The installation commander or designate and applicable 

tenant commanders should coordinate personal-property-related decisions 

with the LRA early in the redevelopment planning process. The DoD Base 

Transition Coordinator will participate in this consultation.

• Provide a usable inventory record. The installation commander or 

designate will provide a usable inventory record to the LRA. The level of 

What about the 

personal property 

DoD doesn’t own?

How should the LRA 

be involved?

Who consults with 

the LRA?

When should the 

LRA be consulted?
Personal Property

4-8 December 1997

detail for this record should be determined in consultation with the LRA. 

This record should help the LRA to identify the personal property to support 

its redevelopment plan. All property should be identified. However, 

property to accompany a realigning unit need be only broadly identified.

• Offer a walk-through. As part of the personal property inventory and 

consultation process, the installation commander or designate should invite 

the LRA to walk through the installation. This can take place concurrently 

with the personal property inventory (see Figure 4-1), and will assist the 

LRA in determining the type(s) and condition(s) of the personal property 

listed on the inventories. The walk-through will also help the LRA identify 

items of personal property it wants to include in the redevelopment plan.

• Identify items available for reuse. The installation commander and 

applicable tenant commanders should identify personal property with the 

potential to support the redevelopment of the installation including ordinary 

fixtures. The identification of available items should be made to the LRA 

following the inventory and should be updated, as necessary.

• Resolve disagreements as they arise. Personal property disposal is at the 

discretion of the Military Department or Defense Agency, but decisions 

should be made in consultation with the LRA. If the LRA disagrees with an 

installation commander or tenant commander’s decision regarding the 

personal property that will be made available for reuse, the LRA may seek to 

resolve its disagreement within the property-owning Military Department or 

Defense Agency’s chain of command. Input from the LRA should be 

considered when resolving disagreements.

— The Military Department or Defense Agency should strive to respond 

within 30 days to all requests by the LRA to reconsider an issue related to 

personal property availability or disposal decisions made by the 

installation commander or tenant commander.

— Final authority for resolving personal property issues rests with the 

Military Department or Defense Agency having jurisdiction over the 

property.

4.3.2 Follow-up LRA consultation

The installation commander or designate and applicable tenant commanders 

will continue to consult with the LRA throughout the redevelopment planning 

period. The objectives of further consultation are:

• To make sure the LRA knows which items of personal property are available 

to it for incorporation in its redevelopment plan, and which items are being 

relocated off-base or disposed of by other means.

• To allow for timely disposal of personal property identified by the LRA as 

not being needed for its redevelopment planning.

4.3.3 Off-base movement of personal property

Throughout the mission drawdown period, the 

installation commander or designate and applicable 

What if an LRA 

disagrees with an 

installation or tenant 

commander’s 

decision on personal 

property?

Can personal 

property be moved 

off base while the 

LRA is planning for 

reuse?
DoD Base Reuse Implementation Manual

December 1997 4-9

tenant commanders will ensure that, with the exception of items identified as 

not available for reuse or not needed by the community (see Section 4.2.4), and 

any unserviceable items to be reported to the Defense Reutilization and 

Marketing Office (DRMO), the personal property will remain at the installation 

until a time that is determined by the installation commander or tenant 

commander in consultation with the LRA.

• Typically, the Military Departments and Defense Agencies will move 

personal property to another base only when it makes economic sense to do 

so. A cost-benefit analysis may be employed at any time by the installation 

commander, tenant commander, or designate as a tool in reaching a decision 

to move accountable and non-accountable personal property.

• Items identified as not available for or not needed by the community (see 

Section 4.2.4) may be moved off base at the discretion of the Military 

Department or Defense Agency. This movement will not typically occur 

before the installation commander or designate and/or applicable tenant 

commander informs the LRA of the impending property movement and 

makes sure the LRA understands why the property is to be moved. If the 

LRA disagrees with an installation commander or tenant commander’s 

decision regarding the off-base movement of personal property, the LRA 

may request reconsideration of the move within the property-owning 

Military Department or Defense Agency’s chain of command (see Section 

4.3.1).

• Items identified by the installation commander or tenant commander as 

unserviceable may be reported to DRMO at any time. No consultation with 

the LRA is required, but a courtesy notice to the LRA should be given 

whenever possible.

4.4 PERSONAL PROPERTY TRANSFER METHODS

4.4.1 Principal authorities affecting personal property transfers

(See Appendix A, Laws and Regulations Affecting Base Reuse Implementation, for a 

summary of legal authorities).

• 32 CFR Parts 175 and 176 (Economic development conveyances to LRAs and 

homeless assistance conveyances to LRAs or homeless providers).

• 41 CFR Part 101–47.308 (Special disposal provisions for public airports; 

historic monuments; education and public health uses; shrines, memorials or 

religious uses as part of another public benefit conveyance; public park or 

recreation uses; housing for displaced persons; and non-Federal correctional 

facility uses).

• 41 CFR Part 101–47.304 (Negotiated sales and public sales).

• 41 CFR Part 101–43 (Utilization of personal property).

• 41 CFR Part 101–44 (Donation of personal property).

What authorities 

affect personal 

property transfers?
Personal Property

4-10 December 1997

• 41 CFR Part 101–45 (Sale, abandonment, or destruction of personal 

property).

• Stevenson-Wydler Technology Innovation Act of 1980, P.L. 96-480, as 

amended (15 U.S.C. 3710(i)) (Donation of research equipment to educational 

institutions and non-profit organizations).

• Executive Order 12999 (Donation of personal property; e.g., computers, to 

further math and science education).

4.4.2 Leases

Personal property associated with a lease will typically be included in the 

leasehold (see Chapter 5 of this Manual for additional information on leasing).

4.4.3 Public airport conveyances

Surplus personal property may be transferred as part of an airport conveyance. 

Personal property that is desirable for developing, improving, operating, or 

maintaining a public airport or is needed for developing sources of revenue 

from non-aviation businesses at a public airport (and the interest is not best 

suited for industrial use) can be transferred by the Military Department by gift. 

The Federal Aviation Administration (FAA) must approve all public airport 

transfers.

4.4.4 Public benefit conveyances and similar approved, sponsored, or 

requested conveyances

When personal property is required for the reuse of real property subject to a 

public benefit conveyance (PBC), the personal property may be related and 

treated as part of the real property conveyance. These transfers can be further 

categorized as follows:

Sponsored public benefit conveyances. These include PBCs for education, 

public health, public park or recreation, and port facility purposes. Surplus 

personal property may be transferred by the sponsoring Federal Agency in 

accordance with its rules implementing its authorized programs. The terms and 

conditions attached to the reuse and the value (or the discount allowed) of the 

personal property are determined by the Federal sponsoring Agency. In this 

type of conveyance, the Military Department assigns the real, related, and other 

qualifying related personal property to the Federal sponsoring Agency for 

transfer to the sponsored applicant.

Approved public benefit conveyances. These include PBCs for non-Federal 

correctional facilities, historic monuments, and power transmission lines. The 

terms and conditions attached to the reuse are determined by the Military 

Department. The Military Department transfers the qualifying personal 

property directly to the approved PBC recipient.

4.4.5 Homeless assistance conveyances

Personal property may be transferred to an LRA or to a homeless assistance 

provider for homeless assistance purposes under the Base Closure Community 

Redevelopment and Homeless Assistance Act of 1994 (see also Chapter 3 of this 

Manual). Property transferred under this authority may be used by a homeless 

assistance provider either on or off the installation.

How will personal 

property be 

transferred?

How will personal 

property be 

transferred to 

homeless assistance 

providers?
DoD Base Reuse Implementation Manual

December 1997 4-11

After providing the LRA with the personal property inventory, the installation 

commander or designate should recommend to the LRA that the following 

strategy be used for identifying and transferring personal property intended for 

use by homeless assistance providers:

• Coordinate with the proposed provider(s) to identify any personal property 

to be conveyed.

• Incorporate the agreed-to disposition of any identified personal property in 

any binding contract(s) negotiated between the LRA and any selected 

homeless provider(s).

• Include identification and intended use of the personal property in the 

homeless assistance portion(s) of the adopted redevelopment plan.

4.4.6 Economic development conveyances 

GENERAL INFORMATION

• Under an Economic Development Conveyance (EDC), the Military 

Department can convey land and buildings to the LRA for consideration at 

or below fair market value, at no cost, or for other consideration that may be 

subject to recoupment. Such conveyances can be made when the Military 

Department determines that the installation, or significant portions of it, 

cannot be conveyed under other authorities to rapidly create new jobs. 

Personal property may be transferred as part of an EDC of the real property 

(see also Chapter 7 of this Manual).

• Personal property may also be transferred without real property under a 

separate EDC, referred to in this Manual as a “Personal Property EDC,” if 

(1) the transfer is necessary for the effective implementation of the 

redevelopment plan for the installation, and (2) cannot be transferred under 

other authorities. However, by completing an application in which the 

personal property is identified using inventory information already provided 

to the LRA by the Military Department (e.g., inventory summaries), Personal 

Property EDCs are relatively straightforward to execute.

• Personal Property EDCs can be made only to the LRA.

• Personal Property EDCs are not subject to the provisions of the Federal 

Property and Administrative Services Act of 1949 (40 U.S.C. §§ 483–484), 

which governs property disposal.

• To approve a Personal Property EDC, the Military Department must provide 

an explanation why the transfer cannot be carried out in accordance with the 

other personal property conveyance authorities listed in this Chapter.

• Personal property may not be acquired by the LRA under an EDC solely for 

the purpose of immediately leasing or re-selling it to finance base reuse. 

However, the LRA may provide the property to others for use in accordance 

with the redevelopment plan for the installation.

How is personal 

property included in 

an economic 

development 

conveyance?

Does personal 

property in an EDC 

always have to be 

conveyed with real 

property?

When should a 

Personal Property 

EDC be used?
Personal Property

4-12 December 1997

APPLYING FOR A PERSONAL PROPERTY EDC

This subsection describes the process by which an LRA can apply for a separate 

(from real property) Personal Property EDC.

The Personal Property EDC application should be comprehensive with regard 

to any and all property requested at the installation. It should also explain why 

a Personal Property EDC is necessary for economic redevelopment and job 

creation. It will probably be necessary for the LRA to ask the Military 

Department for assistance while completing the transfer order described below. 

If necessary, the Military Department may ask the LRA for additional 

information. The application should contain the following elements:

• A narrative including the following:

— Identification of the personal property requested. Copies of the personal 

property inventories prepared for the LRA’s use, as described in 

Section 4.1, may be used to identify the personal property requested. 

This list may be amended during the redevelopment planning process, as 

long as the use of the additional property is consistent with the overall 

economic redevelopment goals described in the application package.

— A statement of how a Personal Property EDC will support the 

installation’s redevelopment.

• A statement describing why other authorities, including sale or donation, 

cannot be used to acquire the personal property.

• If the transfer is requested for less than fair market value, a statement 

justifying why a discount should be provided. The inventory record will 

state the Standard Cost of the property. The Military Department will 

estimate the fair market value of the property for the purposes of the 

transaction.

• A statement of the LRA’s legal authority to acquire the personal property.

After receiving the application, it will be subject to Military Department review, 

using criteria similar to those for real property EDCs. These criteria are fully 

described in Chapter 7 of this Manual.

After an application is approved, a completed Transfer Order for Surplus 

Personal Property at a Closing or Realigning Installation (which can be found at 

the end of this Chapter), should be prepared under the direction of the 

installation commander in consultation with the LRA. Copies of the personal 

property inventories prepared for the LRA’s use, as described in Section 4.1, 

may be attached to the Transfer Order. The Transfer Order will state the 

Standard Cost of the property.

CONDITIONS PLACED ON PERSONAL PROPERTY EDCS

At a minimum, the Military Department shall place the following conditions 

and limitations on personal property transferred under an EDC:

Are there conditions 

on Personal 

Property EDCs?
DoD Base Reuse Implementation Manual

December 1997 4-13

• The LRA must make an application for personal property within the 

application period established by the Military Department. This period may 

begin after the Military Department receives an adopted redevelopment plan 

and may conclude as soon as 90 days later.

• The Military Department can require the LRA to take custody of and become 

accountable for the requested personal property 60 days after receiving 

notice that the application for personal property has been approved by the 

Secretary of the Military Department.

• The Military Department may screen personal property for military 

reutilization and report any surplus items to the DRMO for screening and 

disposal if the LRA decides not to accept the personal property.

• The Military Department and the LRA are not required to account for a nonaccountable item with a Standard Cost of less than $500. The Military 

Department is, however, required to provide an estimate of the total value of 

all such items. Office furniture with a Standard Cost of more than $300 is 

considered accountable.

• Non-accountable items with an individual Standard Cost of less than $500 

may be accounted for in aggregate if the total value of all like items with a 

remaining economic or serviceable life of more than three years is greater 

than $5,000.

• The use of personal property must support base redevelopment. The 

redevelopment plan should generally identify how the property will be used.

• A recipient LRA shall certify its compliance with the conditions of the 

transfer of personal property. These certifications will be made at the end of 

each calendar year and may be subject to random audits by the Government.

• As a general rule, the Military Departments will restrict the LRA’s ability to 

acquire personal property at less than fair market value solely for the 

purpose of leasing or reselling it. This limitation, however, does not 

preclude the LRA from subsequently leasing or selling personal property to 

entities who will place it into productive use in accordance with the 

redevelopment plan for the installation.

• Typically, if the Military Department leases or sells an item of personal 

property for less than fair market value, or leases or conveys an item of 

personal property under a no-cost EDC, it will require the LRA to use or 

hold that item for one year. If the item is valued at more than $5,000, the 

LRA must use or hold that item for two years.

• Any proceeds from subsequent leases or sales of usable items must be used 

to pay for protection, maintenance, repair, or redevelopment of the base.

These restrictions will be a condition of lease, sale, or transfer of the personal 

property transferred under an EDC.

Can the LRA lease 

or sell the personal 

property acquired 

under a Personal 

Property EDC?
Personal Property

4-14 December 1997

4.4.7 Negotiated sales of related personal property to public entities

Under a negotiated sale, related personal property should be valued with the 

realty as an economic unit. Negotiated sales, however, are at no less than fair 

market value.

4.4.8 Public sales of personal property with real property

Under a public sale, personal property is sold and conveyed as an economic 

unit with the realty to the highest bidder at no less than fair market value. The 

Federal disposal agent is not obligated to accept less than fair market value bids.

4.4.9 Leases in furtherance of conveyance

Personal property associated with a lease in furtherance of conveyance (as 

defined in Chapter 5 of this Manual) will typically be conveyed to the recipient 

at the inception of the lease.

4.4.10 Special transfer categories

NON-APPROPRIATED FUND (NAF) PERSONAL PROPERTY

If the NAF personal property owner(s) makes personal property available for 

disposal, the LRA or other interested parties may negotiate purchase terms 

directly with the property owner.

DEFENSE WORKING CAPITAL FUND (DWCF) EQUIPMENT

Available equipment of this type is sold at fair market value unless:

• It is included in an EDC to the LRA.

• It is determined to be related personal property and valued with the real 

property (e.g., shop equipment or dry dock cranes).

• The Military Department determines the DWCF equipment has an actual 

cash value below $500 per item, with all like items having a total value of less 

than $5,000.

• The Military Department determines a no-cost or discounted conveyance is 

desirable. Below-cost conveyances for DWCF equipment having an original 

cost of more than $25,000 must be accompanied by a written justification 

approved by the Secretary of the Military Department.

4.4.11 Sale and donation of surplus personal property

Personal property not needed by the LRA in support of its redevelopment plan 

can be redistributed within the Military Department. If it is not claimed by the 

Military Department, it will be reported to the DRMO, the DoD personal 

property disposal agent.

Surplus personal property may be disposed of by the DRMO by either donation 

or sale. Priority for donation should be given to either the LRA or the local 

community.

• Federal law authorizes the Federal Government to allocate Federal surplus 

personal property for transfer to State agencies, which in turn distribute such 

property for public purposes to eligible recipient agencies.

What other ways 

can personal 

property be 

transferred?
DoD Base Reuse Implementation Manual

December 1997 4-15

• The major categories of eligible recipients are:

— Public agencies.

— Nonprofit educational and public health activities.

— Nonprofit and public programs for the elderly.

— Educational activities of special interest to the Armed Forces.

— Public airports.

— Homeless assistance providers.

• Under this donation program, communities and LRAs may ask for personal 

property that did not qualify for an EDC. Such community or LRA requests 

for property must be made through the closing base installation commander 

or other authorized official to the appropriate State Agency for Surplus 

Property (SASP).

— Personal Property donated under this procedure must meet the usage 

and control requirements of the applicable SASP.

— Property subsequently not needed by the LRA or community shall be 

disposed of as required by the SASP.

• The DRMO will dispose of surplus property not selected through the 

donation program.

• Under special circumstances, property may be sold by negotiation. Such 

sales, typically for property valued at less than $15,000, are infrequent and 

must be justified in advance by the DRMO to the Secretary of Defense.

4.5 FUNCTIONALLY EQUIVALENT PERSONAL PROPERTY

4.5.1 Substitution of functionally equivalent similar items

• The Military Department or Defense Agency may substitute an item of 

personal property similar to one requested by the LRA.

• It is the Military Department or Defense Agency’s responsibility to ensure 

that the substitute item is functionally equivalent to the requested item.

• Should a dispute arise about the suitability of a substitute item, the original 

item in question should not be removed from the base until the disagreement 

process described in Section 4.3.1 is complete.

4.5.2 Definition of “similar”

In the context of substituted items of personal property, “similar” means that 

the original item and the proposed substitute item have the same functional 

capability and that the substitute item is serviceable for the same intended use.

Can the Military 

Department 

substitute similar 

items of personal 

property for those 

requested by the 

LRA?
Personal Property

4-16 December 1997

4.6 AIR EMISSION RIGHTS TRADING GUIDANCE

4.6.1 Clean Air Act

The Clean Air Act Amendments of 1990 (CAAA) require reduction in emissions 

by activities all over the nation, both military and civilian, in order to meet the 

national ambient air quality standards for clean air. The amendments 

introduced the marketplace into emission control regulations. To further 

reductions through market trading, the CAAA and implementing State 

regulations may allow movement or transfer of emission rights between parties 

at the same site, to other locations within the State, or, in some instances, to 

other States. 

• Non-attainment—The CAAA designates acceptable ambient levels of 

selected (“criteria”) pollutants. Areas that exceed those levels are designated 

as “non-attainment” areas and the State’s control plan (“State 

Implementation Plan” or “SIP”) must be adequate to reach attainment 

within a specified time. The required reduction controls and the time 

required to achieve those reductions depend on the severity of the air 

pollution problem.

• Economic Incentive Programs—To encourage innovative approaches to 

reduce air pollution, the CAAA authorized development of programs to 

trade emission rights—rights to emit specific amounts of criteria pollutants. 

Various State trading programs have been developed such as cap-and-trade 

allocation and emission reduction credit (ERC) banking. In addition, some 

States have entered into agreements with other States which allow interstate 

trades.

• Emissions Trading Programs—There is a variety of individual trading 

programs throughout the country. Current programs allow trading 

reductions from stationary, mobile, and area sources and may allow 

intrastate and interstate trading. Local, State, or regional programs for 

trading/transferring ERCs, allowances, or other economic incentives must 

first be approved by EPA and then incorporated into the SIP(s). ERCs must 

be surplus (i.e., go beyond existing CAAA requirements), enforceable, 

permanent (source of pollution must be permanently reduced), and 

quantifiable. ERCs, allowances, or similar tradable incentives are issued or 

available only when there is an approved SIP in the area where generated. 

Generally, if there is an approved program, when an owner permanently 

shuts down an emission source, ERCs can be created by submitting an 

application and fee to the State or air quality control region (AQCR). The 

AQCR may discount or retain some of the ERCs as part of a reserve bank to 

support future economic growth or to meet attainment requirements. Even 

in States that do not have a formal program for ERCs (including mobile 

source emission reductions), DoD has successfully quantified and traded 

these “offsets” to other DoD Components or other Federal Agencies to 

support conformity requirements. Because programs differ from State to 

State, and regulatory changes are frequent, consultation with experts within 

the Military Departments is strongly encouraged. The trading and transfers 

of mobile source emissions raise special considerations, including transfers 

that support conformity, and should be referred to the Secretary of the 

Military Department.

What are Clean Air 

Act Emission 

Trading Programs?

What tradable or 

transferable 

emissions programs 

impact base reuse 

implementation?
DoD Base Reuse Implementation Manual

December 1997 4-17

· Permit Transfers—Stationary sources may be issued air permits by the State 

or AQCRs to emit specific levels of criteria pollutants during a year. 

Regulators usually allow the transfer of these air permits with transfer of the 

stationary source.

• General Conformity—The CAAA requires a Federal Agency to demonstrate 

that a new Federal action, or a Federally approved or supported action, will 

not cause deterioration of air quality or impact attainment status in a nonattainment or maintenance (former non-attainment) area. Because military 

bases gaining units, functions, or weapons systems as a result of a BRAC 

action are required to comply with conformity, gaining facilities need to 

determine whether emission reductions or offsets which are needed to 

demonstrate conformity can be transferred from closing or realigning bases.

4.6.2 Guidance and implementation

Emission rights are important to both the military and the community. 

Consistent with full protection of national defense imperatives, distribution of 

emission rights from closing bases (if available under applicable law) should 

reasonably accommodate military needs, community redevelopment needs, and 

State and local air quality attainment goals. Decisions on the distribution of any 

such emission rights will be made by the Secretary of the Military Department 

only after full consultation with the LRA, the local AQCR, and other Military 

Departments with vital needs.

All DoD installations being closed should first consult with the AQCR or State 

to obtain current information on local air quality conditions (attainment status); 

conformity rules; conditions for permit transfer; status of approved trading 

programs; and availability of community bank credits for redevelopment. All 

DoD installations being closed should also inventory all existing emission 

sources, including all stationary and mobile sources and existing air permits 

with expiration dates. The goal of the inventory is to have complete and 

accurate information for discussions with the LRA, the local AQCR, neighboring 

DoD installations, and other Federal Agencies. After completing the inventory, 

the installation should enter into discussions with the LRA, the AQCR, other 

Military Departments, DoD Components, or Federal Agencies. The LRA should 

be encouraged to identify emission rights reasonably needed to support planned 

economic development. Where allowed by local rule, transfer of existing 

permits with transfer of ownership of the emission source should be considered.

When a receiving installation is located in an area that could receive credits, 

offsets, or allowances from a closing installation, the receiving installation 

should determine its emission needs as early as possible. Every effort should be 

made to reduce or spread out the need for credits, offsets, or allowances. If 

additional emission rights are needed, the receiving installation should advise 

the closing installation immediately in writing with a specific emission 

transfer/trading request and justification. Special consideration to the receiving 

installation’s needs should be given in the distribution decision.

What is DOD’s 

general guidance 

regarding emission 

rights?
Personal Property

4-18 December 1997

Transfer Order

Personal Property at a Closing or Realigning Installation Page 1 of ____pages

To: (Name and address of redevelopment authority) Personal property EDC type

(check one):

o Full fair market value (standard cost) 

o Less than fair market value 

o Donation

From: (Military organization and address) Total acquisition cost:

Conditions for transfer:

(List the transfer conditions here or attach a separate sheet of paper with the list of transfer conditions)

Property List:

(It is not necessary to complete this section if an inventory list containing the required information is attached)

Identification 

Numbers

Description

Demil

Code

Cond.

Code

Quantity/Unit

of Issue

Standard Cost

Unit Total

Transferee Action

Transferee certifies and 

agrees that transfers 

and donations are 

made in accordance 

with 32 CFR Part 175

Transferee (Name and address of 

redevelopment authority):

Signature and title (Representative of 

redevelopment authority)

Date

Administrative 

Action

Determining Officer (as determined 

by Military Department):

Signature of determining officer Date

I certify that the 

administrative action 

pertinent to this order 

is in accordance with 

32 CFR Part 175

Approving Officer (as determined by 

Military Department):

Signature of approving officer Date
December 1997 5-1

5

Leasing for Reuse

5.1 INTRODUCTION

5.1.1 Philosophy and goal

Early leasing of property at a BRAC installation can spur rapid economic 

recovery and job creation and can reduce the Military Department’s caretaker 

costs before the ultimate disposal of installation property. Therefore, leasing is 

one of the most important tools available to the Military Department and LRA 

for reaching common goals.

To help the LRA realize the maximum benefit from leasing BRAC property, the 

Military Departments are committed to working with the LRA by:

• Helping the LRA identify early leasing opportunities.

• Hosting pre-leasing conferences to explain leasing process details, including 

what is required of both the Lessee and the Military Department.

• Providing timely responses to leasing requests.

• Processing lease applications within a reasonable time period.

• Providing recommendations for a leasing strategy that will best suit the 

LRA’s plans and needs.

Frequently Asked Questions About Leasing for Reuse

‚ What is DoD’s philosophy and goal for BRAC leasing? Section 5.1

‚ What types of leases are available for reuse? Section 5.1

‚ Do the Military Departments have a common leasing approach? Section 5.1

‚ What are the guidelines for interim leases? Section 5.2

‚ Who is eligible to apply for an interim lease? Section 5.2

‚ How is rental consideration type and amount determined? Section 5.2

‚ Are there specific guidelines for subleases? Section 5.2

‚ What is the Early Transfer Authority? Section 5.2

‚ How does an LRA apply for a lease? Section 5.3

What is DoD’s 

philosophy and goal 

for leasing BRAC 

property?

What commitments 

are the Military 

Departments willing 

to make?
Leasing for Reuse

5-2 December 1997

5.1.2 Summary

This Chapter, along with the information found in Appendix D of this Manual, 

consolidates Military Department policies and practices on leasing and is 

intended to provide a summary of and guidance for the BRAC leasing process. 

It is not intended to replace specific lease provisions, nor to create an 

enforceable right in any party. Laws and regulations that govern leasing are 

summarized in Appendix A (Laws and Regulations Affecting Base Reuse 

Implementation). Each installation or base will have site-specific real estate, 

environmental, and natural and cultural resources compliance requirements. 

The Military Department will inform prospective Lessees of all requirements as 

early in the leasing process as practicable.

5.1.3 Definition of lease types

INTERIM LEASE

• Generally, an interim lease is a short-term lease that makes no commitment 

to the Lessee for future use or conveyance of title to the property to the 

Lessee upon its disposal. An interim lease is usually entered into before final 

disposal decisions are made by the Secretary of the Military Department.

• In the past, the term of an interim lease could only last for up to five years, 

including options to renew. Recently, Section 2833 of the NDAA 96 granted 

the Department the authority to enter into interim leases with terms that 

extend beyond the expected completion date for the disposal Environmental 

Impact Statement (EIS). This is true even if final property disposal is 

consequently delayed because the Lessee’s use of the property differs from 

that outlined in the NEPA Record of Decision (ROD). This authority, 

however, is only available if the proposed lease can be supported by a 

Categorical Exclusion (CATEX) or an EA/FONSI. Additional information 

about the Department’s policies regarding Section 2833 can be found in 

Appendix D.

• At the completion of the NEPA process, the interim lease can convert into a 

long-term lease or deed transfer. Separate NEPA analyses—as well as air 

pollution, wetlands, floodplains, historic structures, and other natural and 

cultural resources determinations and consultations—may be required prior 

to a decision to lease.

• An interim lease must be preceded by an EBS and by a FOSL. The 

restrictions and lease conditions in the FOSL must be incorporated into the 

lease.

• Interim leases will generally terminate at the time that final reuse and 

disposal decisions are implemented.

• Interim leases may be for consideration at or below the estimated fair market 

rental value for the leasehold.

• Capital improvements may be made by the Lessee except where, in the 

judgment of the Military Department, they will trigger a requirement for an 

EIS under NEPA. 

What information 

can be found in this 

Section of the 

Manual?

What is an “interim 

lease?”
DoD Base Reuse Implementation Manual

December 1997 5-3

LEASE IN FURTHERANCE OF CONVEYANCE

• A lease entered into after the Secretary of the Military Department has 

complied with NEPA and has issued a final disposal decision for the 

property. A lease in furtherance of conveyance provides immediate 

possession of the property to the entity identified in the disposal decision as 

the recipient of the property.

• Leases in furtherance of conveyance are authorized by CERCLA. Section 

2834 of the NDAA 96 amended CERCLA to clarify that the deed covenant 

requirements do not apply to leases at DoD installations regardless of 

whether the Lessee has agreed to purchase the property or whether the 

duration of the lease is longer than 55 years. See Appendix D for more 

information about Section 2834.

• Such a lease may be long-term and may be for all or for a portion of the 

property identified for conveyance to the Lessee in the disposal decision.

• If ongoing environmental remediation is the only reason property is not 

being considered for deed transfer, use of the Early Transfer Authority 

discussed in Section 5.2.3 should be considered.

· A lease in furtherance of conveyance must be preceded by an EBS and a 

FOSL. The restrictions and lease conditions in the FOSL must be 

incorporated into the lease.

• A lease in furtherance of conveyance will terminate when a deed transfer can 

be accomplished.

MASTER LEASE

• A master lease may be either an interim lease or a lease in furtherance of 

conveyance. It is a lease that serves as the principal lease instrument for the 

entire base or for major portions of it.

• Individual parcels and properties may be sublet under the terms of a master 

lease. Environmental requirements contained in the master lease must be 

carried through to subleases.

• Master leases and each subsequent sublease must comply with appropriate 

EBS, FOSL, NEPA, and other applicable natural and cultural resources 

determinations and consultation requirements.

5.1.4 General practice for leasing real property at BRAC installations

To facilitate timely review of lease applications and to ensure lease documents 

are completed as quickly as possible, the Military Departments shall delegate 

leasing authority from headquarters to the field level. Figure 5-1 shows the 

general practice that the Military Departments follow for processing 

applications and for entering into and closing out leases. Numerous factors

influence how long it will take to review and approve a lease including how far 

the installation has progressed in the closure process and in the preparation of 

environmental documentation required for closure. As a result, the time it takes 

to complete the process will vary from situation to situation. The leasing 

process can be summarized as follows:

What is a “lease in 

furtherance of 

conveyance?”

What is a “master 

lease?”

Does each Military 

Department follow a 

similar leasing 

process?
Leasing for Reuse

5-4 December 1997

PROCESS APPLICATION

• A party (generally the LRA) expresses an interest in leasing property. The 

Military Department meets with the Lessee to explain the application process 

and information requirements. Regulatory requirements, the timelines for 

processing a lease, examples of allowable “offsets,” and the cost of 

government-furnished utilities should be part of the background provided at 

pre-leasing conferences. The BRAC Cleanup Team and BTC should 

participate in these meetings to ensure that environmental cleanup is closely 

coordinated with leasing needs and plans.

• If the facility is potentially available, the prospective Lessee completes and 

submits an application (see Appendix D for model application format).

• The Military Department reviews the application in a timely fashion (see 

Appendix D for model review criteria).

• The Military Department either accepts the application for further 

processing, rejects the application, or requests that it be revised.

PREPARE FOSL (AND NEPA/OTHER DOCUMENTATION)

• The Military Department consults with EPA and other regulatory Agencies 

and determines whether environmental conditions on the property trigger 

environmental notice requirements or present unacceptable risks to the 

prospective Lessee, or whether leasing will impact ongoing environmental 

cleanup efforts. This is accomplished by preparing, if necessary, and 

reviewing an EBS and issuing a FOSL.

· The Military Department determines whether environmental impacts, or 

impacts on any protected natural and cultural resources, will result from the 

proposed leasing activity. This is accomplished by completing appropriate 

NEPA analyses, and by making the other environmental determinations and 

consultations necessary.

PREPARE LEASE

• The Military Department and Lessee negotiate the consideration for the lease 

and draft lease terms and conditions, based upon standard model lease 

provisions (see Appendix D for model lease provisions). This may occur 

concurrently with the preparation of appropriate environmental and natural 

and cultural resources documentation.

• The Military Department makes the decision on whether to approve the lease 

and any reuse restrictions the lease will contain.

• The Military Department and Lessee agree on the environmental and 

physical condition of the property prior to lease execution.
DoD Base Reuse Implementation Manual

December 1997 5-5

Figure 5-1. General Practice for Leasing Real Property

at BRAC Installations
Leasing for Reuse

5-6 December 1997

EXECUTE AND ADMINISTER LEASE

• The lease is signed and required notices are issued.

• The Lessee submits proposed subleases to the Military Department for their 

review and approval if the terms and conditions of the proposed sublease do 

not comply with or are not included in an approved master lease. In 

accordance with 10 U.S.C. 2692, subleases that involve the use of hazardous 

materials will require Military Department approval.

• The environmental and physical conditions of the leasehold are reevaluated 

at lease termination.

5.2 LEASING GUIDANCE

Leasing from a Military Department is different from leasing in the private 

sector, because Federal laws and regulations define leasing requirements that 

must be met by the Military Department and the Lessee. Summaries of laws 

and regulations affecting base reuse implementation can be found in Appendix 

A of this Manual. This Chapter of the Manual describes processes designed to 

both simplify leasing and to more closely follow private-sector practice, within 

the framework of prescribed Federal laws and regulations.

5.2.1 General guidance

Following the approval of closure or realignment, property may be made 

available for leasing in the interest of speedy economic redevelopment or other 

acceptable purposes, if it can be done:

• Without interfering with environmental cleanup activities.

• In compliance with applicable real estate, homeless assistance, 

environmental and other requirements.

• Without interfering with the remaining Military Department mission, 

including disposal-related activities.

5.2.2 Interim leasing guidance

The following guidance applies to interim leasing activities:

• The Military Department will generally lease property for interim use to the 

LRA. If there is no LRA, or if it is not authorized to lease property, the 

Military Department may lease the property to either:

— The local government in whose jurisdiction the property is located, or

— An appropriate local or State redevelopment agency, as designated by the 

Chief Executive Officer of the State in which the installation is located.

• Requests to lease property directly to other eligible entities will be approved 

only in exceptional circumstances. Ongoing (e.g., pre-closure approval) 

leasing programs, such as agricultural and grazing, youth programs, 

community outreach, etc., may be continued.

What guidelines 

apply to all leases?

Are there guidelines 

for interim leases?

Who will the Military 

Department lease 

to?
DoD Base Reuse Implementation Manual

December 1997 5-7

• The Military Departments should use model lease provisions that contain 

standard terms and conditions (see Table 5-1 and Appendix D). Many terms 

and conditions of Federal leases are required by Federal law, and by general 

landlord-tenant “common law” that has evolved over many years. These 

provisions, including environmental provisions required by Federal law and 

policy, are essentially non-negotiable. Additional terms and conditions may 

be added to reflect other site-specific operational, environmental, and natural 

and cultural resources requirements.

List of Common Lease Provisions Used at BRAC Installations

Use of the premises Term of lease

Termination Consideration

Notice Authorized representatives

Supervision of the premises Applicable rules and regulations

Condition of the premises Transfers, assignments, subleasing

Utilities Protection of the property

Insurance Right to enter

Indemnity/hold harmless clause Restoration

Non-discrimination Subject to easements

Rental adjustment Waste

Disputes clause Environmental protection

Environmental baseline survey Taxes

Covenant against contingent fees Officials not to benefit

Accounts and records Modification/agreement

No commitments for future use Other provisions, as appropriate

Table 5-1. List of Provisions Common to BRAC Interim Leases

(See Appendix D for a detailed description of provisions)

• Installation commanders will be consulted regarding the availability of the 

site for the proposed use and regarding the compatibility of the proposed 

leasing activity with the ongoing mission. Special lease provisions may be 

required to prevent interference with base operations or closure or with 

environmental cleanup activities.

• The following factors are among those that will be considered in determining 

the lease term:

— Date of operational closure.

— Proposed use of the property.

— Compatibility with the base operations before closure.

— Compatibility with the LRA’s redevelopment plan.

What provisions can 

be found in an 

interim lease?

How is the term of 

an interim lease 

determined?
Leasing for Reuse

5-8 December 1997

— Date of anticipated final disposal decisions and actions by the Secretary of 

the Military Department.

— Environmental condition of the property.

• Historically, the Military Departments have included a termination-at-will 

clause in lease documents to be used if the property was ever found to be 

needed for military purposes. This practice is no longer required. Generally, 

the Military Department should only reserve the right to terminate and 

remove the tenant before the end of the stated term: 

— For non-compliance with the provisions of the lease;

— In the event of a national emergency as declared by the President or the 

Congress of the United States.

• The Lessee will be provided with notice that termination is necessary and 

reasonable time to vacate the premises, which normally will be no less than 

30 days.

• Consideration for the lease may be in cash or in kind. Services relating to the 

protection and repair, improvement, restoration and maintenance of the 

installation may constitute all or part of such consideration.

• Rent may be for fair market value. Rent may also be for less than fair market 

value when:

— A public interest will be served as a result of the lease; and

— The fair market value of the lease is unobtainable, or not compatible with 

such public benefit.

• Examples of criteria that will be used by the Military Department to 

determine when a public interest will be served as a result of the lease are as 

follows:

— The lease will provide public benefits consistent with those that would be 

derived from the property’s transfer under a public benefit conveyance 

(e.g., for historic monument, education, public health, public park or 

recreation, non-Federal correctional facilities, port facility, or other 

sponsored or approved purposes).

— Job creation or job retention potential of the lease, including the number 

and quality of the jobs that will be created or retained.

— The lease will foster needed economic development in the community.

— The lease will provide economic benefit to the Federal Government (e.g., 

release from protection and maintenance costs).

— The lease will foster reuse and redevelopment of the property.

How are interim 

leases terminated?

What is the rent for 

an interim lease?

Are there guidelines 

for how it is 

determined?
DoD Base Reuse Implementation Manual

December 1997 5-9

— The lease will protect the property from degradation or deterioration.

— The lease will help to maintain the integrity of the property.

• Interim leasing promotes early reuse and helps local communities create 

jobs. To this end, the Military Departments should strive to offer Lessees 

attractive rental rates. If deemed appropriate and consistent with the goals 

of early reuse and job creation, the rental rate may include a charge for the 

pro rata costs of common support services provided by the Military 

Department that benefit the Lessee.

• Interim leases will contain provisions reinforcing that such leases do not 

convey any right nor should they create any expectation on the part of the 

interim user, tenants, or subtenants to acquire the leased property.

• The Lessee may make improvements to the leased property, so long as doing 

so will not foreclose later consideration of any reasonable disposal and reuse 

alternative by the Military Department. Absent compelling circumstances, 

the Military Department will not permit improvements that will significantly 

affect the quality of the human environment (and therefore require 

preparation of a separate EIS). Generally, all leases will include a clause that 

may require any improvements made to the property by the Lessee to be 

removed and the property restored at the end of the lease term, or, if the 

Military Department decides to accept the improvements, they will become 

the property of the United States without compensation to the Lessee. 

Improvements made by the Lessee that the Military Department decides to 

accept should not be included in any future appraisals of the property when 

the property will be conveyed to the entity who made the improvements. 

This would not apply, however, to tenant improvements made in lieu of 

rental payments.

• The Military Departments may also allow some building modification, 

demolition, and new construction under an interim lease, if such activities 

can be supported by a CATEX or an EA/FONSI and do not preclude the

selection of any reasonable final disposal alternative. 

• Existing provisions of Federal law prohibit discrimination on the basis of race, 

color, national origin, handicap, or age. In addition, property used for public 

accommodations must not discriminate on the basis of sex and religion.

• Non-exclusive use may be granted without the use of a lease, in accordance 

with standard Military Department procedures. Licenses, permits, or rightsof-entry may be used as a substitute for a lease in these limited instances. If 

the property is used for conferring non-possessory access for single, 

specified purposes; e.g., to conduct an open house or air show; non-intrusive 

surveys of the premises; setting up potential Lessee equipment (but not 

beginning beneficial operations) pending lease finalization, a formal lease 

may not be needed.

Can an interim lease 

be used as a first 

step toward property 

ownership?

Can a Lessee make 

property 

improvements?

Are leases required 

for all temporary 

uses of BRAC 

installations?
Leasing for Reuse

5-10 December 1997

Example Scenario—BRAC Interim Leasing

An installation has been identified for closure. The EIS/ROD will not be completed 

for another 18 months. The EIS will consider alternatives for reuse based on heavy, 

medium, and light industrial reuse scenarios. A base-wide EBS has been completed. 

The Early Transfer Authority will not be used and it is anticipated that environmental 

remediation activities will not be completed (so as to allow the CERCLA deed 

covenant) three years following completion of the disposal ROD.

• Agricultural and grazing leases have been issued over a portion of the installation 

for many years. No remedial activity is identified for this area. This program may 

be continued under an interim lease.

• The installation has several warehouses. The LRA has two prospective Sublessees, 

one requesting a 12-month sublease to store seasonal merchandise, the other 

requesting a three-year lease to fulfill a short-term order to assemble computers. 

The only alterations required are the installation of a new lock, a fire sprinkler, and 

an alarm system to meet a local building code and insurance requirements. The 

merchandiser Sublessee will retool an internal box-delivery system to 

accommodate his or her merchandise. The Sublessee also wishes to do some 

cosmetic repairs and painting. The manufacturer plans on similar renovations, but 

will also install removable assembly equipment. Neither proposal would commit 

the property to any future use, the alterations do not change the property in a 

significant way, the upgrades are required to comply with local codes, retooling of 

any equipment is for the Sublessee’s benefit, and painting and other cosmetic 

repairs have no significant impact on the facility. Interim leases could be approved 

upon completion of the EBS/FOSL processes.

• The LRA requests a lease for the entire installation. The proposal is to construct 

additional facilities, demolish several older buildings, dredge the harbor, construct 

additional railroad spurs, and make renovations to existing facilities to 

accommodate an industrial Sublessee. The LRA requests a 25-year term, beginning 

in one month. The Military Department can only agree to a term that does not 

extend beyond the expected completion date of the disposal EIS because the 

proposed actions could, as a practical matter, irreversibly commit the Military 

Department to a particular disposal decision. 

SUBLEASING GUIDANCE

• The Military Department will generally conduct all leasing-related activities 

with the Lessee, not the Sublessee(s).

• The rental value of subleases will be negotiated between the Lessee and 

Sublessee. The sublease rental may be for a different amount or expressed 

differently than that of the lease between the Military Department and the 

Lessee (“prime lease”).

• Lessees are authorized to sublease property included in a master lease 

without obtaining Military Department approval of the sublease, provided 

the sublease incorporates the terms of the master lease (except for rental 

terms which may be different in amount or expressed differently) and does 

not include any provisions that are inconsistent with the master lease. A 

copy of the sublease must be provided to the Military Department. In 

What are the 

guidelines for 

subleases?
DoD Base Reuse Implementation Manual

December 1997 5-11

accordance with 10 U.S.C. 2692, if the sublease involves the use of hazardous 

materials, Military Department approval of the sublease is required.

• Rents from subleases will be applied by the Lessee to the protection, 

maintenance, repairs, improvements, and costs related to the installation

including LRA marketing and management costs (e.g., LRA staff salaries and 

expenses).

• The term of a sublease cannot be longer than that of the prime lease.

• Subleases will contain provisions reinforcing that such leases do not convey 

any right or expectation on the part of the interim user or subtenants to 

acquire the leased property from the Military Department.

• The provisions of a sublease must be consistent with the provisions of the 

prime lease and must contain all environmental provisions included in the 

prime lease.

• In case of a conflict between the prime lease and any sublease, the prime 

lease will control.

5.2.3 Guidance for leasing in furtherance of conveyance

The following guidance applies to leasing in furtherance of conveyance 

activities.

• After the Secretary of the Military Department issues a final disposal 

decision, applications for conveyance of the property from the LRA or other 

qualified party and the terms of the conveyance can be negotiated and 

approved. However, in the past, immediate conveyance of the property 

following agreement on the terms was not possible, usually because 

environmental remedial action obligations under CERCLA § 120(h) had not 

been fulfilled (see explanation below).

• However, property can now be deeded before all remedial actions have been 

fulfilled. Section 334 of the NDAA 97 amended CERCLA to allow 

contaminated Federal property to be transferred to private parties before 

remedial action has been taken. Commonly referred to as the “Early 

Transfer Authority,” the deferral of the requirement to comply with 

CERCLA § 120(h) can be granted by the Administrator of EPA with the 

concurrence of the Governor of the State (for National Priorities List (NPL)

sites) or the Governor of the State alone (non-NPL sites). In doing so, the 

Administrator of EPA or the Governor must first determine that the 

property is suitable for transfer and that the deed or other agreement 

proposing to govern the transfer contains assurances that all necessary 

response actions will be undertaken. Initial guidance on the authority issued 

by the Office of the Deputy Under Secretary of Defense (Environmental 

Security) (ODUSD(ES)), states that it may be used by the Military 

Departments on a case-by-case basis after notice to and consultation with the 

ODUSD(ES). Pending the issuance of detailed guidance, it is anticipated that 

a process similar to the existing FOST process will be used in determining 

suitability and obtaining the Governor’s or EPA’s approval to defer the § 

120(h) requirements.

Are there any 

guidelines for “longterm” leases?

What is the Early 

Transfer Authority?
Leasing for Reuse

5-12 December 1997

Relevant Provisions of CERCLA Section 120

CERCLA § 120 establishes a framework for responding to hazardous substances, 

pollutants, or contaminants, and identifies specific requirements relating to deed 

transfers of any Federal property, which must be satisfied before a deed can be 

executed.

• On parcels of real property where hazardous substances, pollutants, or 

contaminants were stored for one year or more, released or disposed of, 

CERCLA § 120(h)(3)(A)(ii)(I) requires the Military Department to provide a 

covenant in all deeds stating that all remedial action necessary to protect human 

health and the environment with respect to any such [hazardous] substances 

remaining on the property has been taken.

• The Military Department can satisfy the requirement that “all remedial action,” as 

described in CERCLA § 120(h)(3)(A)(ii)(I), “has been taken” prior to deed transfer 

if “the construction and installation of an approved remedial design has been 

completed, and the remedy has been demonstrated to the Administrator [of EPA] 

to be operating properly and successfully. The carrying out of long-term pumping 

and treating, or operation and maintenance, after the remedy has been 

demonstrated to the Administrator to be operating properly and successfully does 

not preclude the transfer of the property.” [42 U.S.C. § 9620(h)(3)]

• Alternatively, in circumstances where a remedy has been accomplished, but no 

ongoing treatment or operation and maintenance is required; e.g., “clean closure” 

or excavation of soil with off-site treatment, all remedial action means that all 

action required to meet applicable State or Federal regulatory standards, including, 

as required, State or Federal regulatory approval, has been taken.

• Prior to the condition for a deed transfer being met (including an Early 

Transfer), immediate possession of all or portions of the installation may be 

granted to the ultimate transferee through a lease. This lease will terminate 

as soon as the deed conveying the property is accomplished. The reuse 

needs of the LRA or other recipients will be considered in determining the 

term of the lease.

• This document is a lease and is not a conveyance of title. It is an agreement 

that grants an exclusive possessory interest in real property for a period of 

time for a specified consideration.

• The lease must be preceded by an EBS and by a FOSL.

• If the proposed use or activity is outside the scope of existing NEPA reviews 

or the Military Department disposal decision, additional NEPA analysis may 

be required.

• The lease should contain provisions similar to the model interim lease 

provisions (shown in Appendix D) and all of the DoD standard 

environmental provisions (included in Appendix D in their entirety). The 

lease must include a right of termination for the Government for breach of 

the material provisions of the lease and a right to terminate when the 
DoD Base Reuse Implementation Manual

December 1997 5-13

property is ready to be conveyed. In all cases, the environmental clauses are 

considered material provisions of the lease.

· The lease should also contain express provisions or conditions restricting the 

use of the property; e.g., the proposed use must be compatible with the 

disposal decision; major construction will require Government approval; a 

change in use must be approved by the Government. The Military 

Department, as landlord, must oversee the Federal interest in the property. 

• Because of the unique circumstances of each proposed conveyance, a lease in 

furtherance of conveyance will be tailored to the specific situation. 

Additional terms may be added to reflect site-specific operational, 

environmental, natural and cultural resources, and other requirements. 

Attention should be given to impacts on wetlands and sensitive habitats.

• A lease in furtherance of conveyance should specify:

— The price, terms, and conditions applicable under a negotiated sale; or

— The terms and conditions of an EDC; if an EDC is anticipated, then the 

lease should be tied to an application that has been reviewed and 

approved according to the procedures in Chapter 7 of this Manual; or

— The terms and conditions for disposal under alternate authorities.

5.2.4 Environmental/related guidance

The Military Departments are required to complete a series of surveys and 

reports prior to leasing or disposing of property. These surveys and reports 

address environmental planning (i.e., NEPA), cleanup (i.e., CERCLA) and 

preservation (i.e., wetlands, floodplains, and historic resources). Generally, the 

schedule for completing this work is based on the projected property disposal 

date. However, because leasing requires that many of the same environmental 

issues be addressed, the Military Departments are encouraged to accelerate the 

schedule for these activities to support the community’s efforts for economic 

development through the use of leasing. Below is a summary of the types of 

surveys and reports needed to support leasing:

• NEPA requirements for environmental impact analysis, in accordance with 

Council on Environmental Quality regulations, must be met for all leases 

(e.g., by categorical exclusion, EA/FONSI, or EIS/ROD).

• Appropriate natural and cultural resources determinations and consultations 

(e.g., Secretarial findings regarding wetlands [E.O. 11990] and floodplains 

[E.O. 11988], Section 106 consultation under the National Historic 

Preservation Act), and air quality conformity determinations under the 

Clean Air Act will be completed when required. Appropriate use 

restrictions, to the extent required, will be included in the lease.

• Consistent with current DoD policy and procedures contained in the Deputy 

Secretary of Defense memorandum entitled, “Fast Track Cleanup at Closing 

Installations,” dated May 18, 1996, or most recent version (see Appendix F), 

an EBS and FOSL are required prior to executing a lease. Consistent with 

Are there 

environmental 

requirements 

associated with 

leasing?
Leasing for Reuse

5-14 December 1997

this policy, environmental regulators will be notified at the inception of the 

EBS and the FOSL, and provided with copies of workable draft documents 

as they are available and with the opportunity to review and comment. 

Regulatory comments received during the development of these documents 

will be reviewed and incorporated as appropriate. Any unresolved 

comments will be included as attachments to the EBS report or the FOSL.

• Restrictions and conditions identified in the EBS or FOSL shall be 

incorporated into leases.

• A report documenting the environmental conditions identified in the EBS 

will be prepared and signed by both parties. This report will acknowledge 

all leasehold conditions identified in the EBS report, as well as any other 

environmental conditions that may not be specifically identified in the EBS.

• At the conclusion of the lease period, a similar report will be jointly prepared 

and signed by the Lessee and the Military Department.

• The Military Department, as required by CERCLA § 120(h)(5), shall notify 

the State prior to entering into any lease that will encumber the property 

beyond the date of termination of DoD’s operations. Content of the 

notification is specified in the Fast Track Cleanup Policy. For NPL sites, EPA 

is also to be notified.

• If applicable, an environmental justice analysis will be performed to 

determine whether the lease will disproportionately impact minority or lowincome populations in accordance with E.O. 12898.

5.3 APPLYING FOR AN INTERIM LEASE

This subsection describes the process for expressing interest and applying for an 

interim lease. Prospective Lessees of BRAC installation real property should 

first review the model information included in this Manual as Appendix D.

5.3.1 Expression of interest

An expression of interest in an interim lease should be in writing and provided 

to the Military Department. This expression of interest may be submitted to the 

Military Department (installation commander and the Military Department’s 

real estate division, or other designated Military Department representative 

involved in closing the base) after the approval of closure or realignment.

Generally, the Military Departments will accept expressions of interest only 

from the LRA. Any prospective Lessee should direct an expression of interest, 

preferably in writing, to the LRA. The LRA will provide notice of such 

expressions of interest to the Military Department. If an interest is expressed to 

the Military Department, that interest shall be forwarded to the LRA.

What is the 

procedure for 

applying for an 

Interim Lease?
DoD Base Reuse Implementation Manual

December 1997 5-15

5.3.2 Initial meeting/application package

When the Military Department (or installation) receives an expression of 

interest, it will first seek the installation commander’s concurrence that the 

facility is available and that the interim use will be compatible with ongoing 

missions.

The Military Department should also request a meeting with the prospective 

Lessee, especially prior to the first lease at the BRAC installation. The BRAC 

Cleanup Team and BTC should participate in these meetings to ensure that 

environmental cleanup is closely coordinated with leasing needs and plans. The 

purpose of this meeting is to:

• Describe the leasing process to the prospective Lessee, including the 

application procedure, application and processing timetables, and any other 

pertinent information.

• Discuss regulatory requirements, the timelines for processing a lease, 

examples of allowable “offsets,” and the cost of Government-furnished 

utilities.

• Informally examine the scope of the proposed interim use to determine 

which environmental and realty issues must be addressed.

A model Interim Lease Application Package can be found in Appendix D of this 

Manual. An accurate and complete application package must be submitted by 

the prospective Lessee. The application package will be reviewed by the 

Military Department, using the model internal review criteria also found in 

Appendix D of this Manual. The internal review process may result in a request 

from the Military Department to the prospective Lessee for additional or more 

accurate information. The prospective Lessee will be notified that the 

application has been accepted for further processing and of the anticipated 

schedule for lease approval and execution.
Leasing for Reuse

5-16 December 1997

This page intentionally left blank
December 1997 6-1

6

Maintenance, Utilities, 

and Services

6.1 INTRODUCTION

6.1.1 Philosophy and goal

The Department of Defense is closing installations to prevent the taxpayer from 

paying for infrastructure that is no longer needed to support a shrinking 

military. The Military Departments need to close bases rapidly to realize 

maximum cost savings, but DoD also recognizes the need to close bases in a 

manner that will preserve valuable assets and support rapid reuse and 

redevelopment. The maintenance of the installation, as well as the provision of 

utilities and services, will play a key, if unglamorous, role in ensuring that the 

base can be redeveloped for civilian use. Initial protection and maintenance 

levels after the installation is approved for closure or realignment will be set in 

consultation with the LRA at or above levels required to support the use of such 

facilities or equipment for nonmilitary reuse purposes. Such levels will be 

sustained for a reasonable period during redevelopment planning and 

implementation.

Frequently Asked Questions About Maintenance, 

Utilities, and Services

‚ What is DoD’s philosophy and goal for maintenance,

utilities, and services at BRAC installations? Section 6.1

‚ What is the general practice used to determine 

initial maintenance levels? Section 6.1

‚ How and when are maintenance levels determined? Section 6.2

‚ Who is responsible for determining maintenance levels

and how will the LRA be involved? Section 6.2

‚ Who provides protection and maintenance during the

various phases of base closure and disposal? Section 6.3

‚ Is there guidance for equipment and personal property maintenance? Section 6.4

‚ How will utility systems be maintained and conveyed? Section 6.5

What is DoD’s 

philosophy and goal 

for maintenance, 

utilities, and 

services?
Maintenance, Utilities, and Services

6-2 December 1997

Title XXIX of the National Defense Authorization Act for Fiscal Year 1994 

required the Military Departments to maintain the level of maintenance at 

closing bases until a reuse plan is submitted or closure of the installation takes 

place. Because of the importance of assisting community economic recovery, 

where communities have diligently worked toward reuse the Military 

Departments may maintain the properties for longer periods than those 

required by Title XXIX.

6.1.2 General practice

Each Military Department’s goal is to close bases, transfer missions, minimize 

caretaker costs, and support implementation of the LRA’s redevelopment plan. 

However, if no redevelopment plan is prepared, or if no reuse is actively being 

pursued for parts or all of the installation, the Military Department should, at its 

discretion, reduce maintenance levels to the minimum levels required for 

similar surplus government property. This reduction will generally occur 

within one year after operational closure or 180 days after the Secretary of the 

Military Department completes NEPA analysis and decision making, whichever 

is later. Continuance of maintenance is subject to availability of appropriated 

funds.

The Military Departments will follow a general practice for closing bases and 

establishing, maintaining, and transferring protection and maintenance 

responsibility to a reuser. This practice consists of the following elements:

• Initial maintenance levels for real property, and their durations, will be 

determined on a facility-by-facility basis by the Military Department in 

consultation with the LRA and within the limits described in Section 6.2.3. 

Such levels of maintenance may be adjusted over time as circumstances 

warrant.

• Military Department actions required by BRAC legislation or the relocation 

of military missions prior to the installation’s operational closure may impact 

the level of maintenance for certain facilities.

• Maintenance of personal property will generally be limited to physical 

security in the expectation that this property will be quickly conveyed to the 

LRA. (See Chapter 4 of this Manual for more information on personal 

property.)

• Property will be transitioned from its active mission maintenance level to its 

initial maintenance level (also called the caretaker maintenance level) after 

the property is no longer put to military use or the active mission departs 

(see Section 6.3).

• The Military Department will maintain facilities on a building-by-building

basis, relinquishing its responsibility when an individual facility is occupied 

for reuse (e.g., interim leases, leases in furtherance of conveyance, or deed 

transfers; see Chapters 3 and 5 of this Manual for additional information).

What is the general 

practice for 

providing 

maintenance at 

BRAC installations?

Comment: 

age: 3

 Mr. 

Allen, 

USN, 

suggest

s 

mainte

nance 

on a 

parcel 

by 

parcel 

basis 

and 

relinqu

ishing 

respon

sibility 

when 

an 

entire 

parcel 

is 

occupi

ed 

leased 

or 

dispose

d of. 

He 

indicat

es that 

“the 

intent 

of 

leases 

is to 

lease 

parcels

. The 

leasing 

of 

individ

ual 

facilitie

s may 

not 

include 

suppor

ting 

infrastr

ucture.

” The 

AFDC 

believe

s that 

mainte

nance 

respon

sibilitie

s can 

be 

allocat ... [1]
DoD Base Reuse Implementation Manual

December 1997 6-3

• Maintenance functions that are the responsibility of the Military Department 

can be performed by a variety of service providers, under funding 

arrangements with the Military Department. All such maintenance 

providers will sustain the maintenance levels agreed to and funded by the 

Military Department.

• The Military Department will notify the LRA of any intended change in an 

established initial maintenance level for a facility, or part thereof, or item of 

personal property, should such a change in maintenance level become 

necessary (e.g., closure or change in mission, no reuse apparent for the 

property, or expiration of the maintenance periods identified in Section 

6.2.3). This notice will occur prior to the reduction in maintenance level, and 

the LRA will have a reasonable period of time, as determined by the Military 

Department, in which it can submit comments on the proposed reduction.

• Procedures and responsibilities for providing common services (fire 

protection, security, utilities, telephones, roads, snow/ice removal, etc.) must 

be discussed and resolved in the earliest stages of LRA consultation.

6.2 ESTABLISHING INITIAL MAINTENANCE LEVELS IN CONSULTATION 

WITH THE LRA

6.2.1 Determining initial maintenance levels

The Military Department will meet with the LRA after the approval of the 

installation for closure or realignment (and again periodically during the 

redevelopment planning process, if necessary), to discuss the LRA’s reuse plans 

and to work toward establishing initial and ongoing maintenance levels. Initial 

maintenance levels for all real property vacated as a result of BRAC will be at or 

above levels required to support the use of any such facilities or equipment for 

nonmilitary reuse purposes, but will not exceed the standard of maintenance in 

effect at the approval of the closure or realignment. Other criteria for 

establishing those levels include: 

• Intended property reuse as identified in the redevelopment plan (as 

prepared according to the procedures described in Chapter 3).

• Projected date of property reuse as identified in the redevelopment plan or 

accompanying business plan.

• The cost of continued maintenance, including caretaker costs, when weighed 

against resource availability, as determined by the Military Department.

• The type(s) of maintenance and common services (roads, fire, security, 

utilities, etc.) required or requested.

• Property value (including replacement cost).

• Military Department obligations under Section 106 of the National Historic 

Preservation Act (for properties listed on or eligible for inclusion on the 

National Register of Historic Places), and other applicable statutes.

How are initial 

maintenance levels 

established?

How is the LRA 

involved?
Maintenance, Utilities, and Services

6-4 December 1997

6.2.2 Maintenance levels at BRAC installations

The Military Departments use pre-established maintenance levels that generally 

exceed the minimum levels required for excess and surplus Federal property. 

These are based on reuse potential and the anticipated time until reuse, as well 

as a desire to support the local redevelopment of closing installations. Each 

Military Department will explain their maintenance levels (and how they are 

determined) to the LRA during the initial consultation. Initial maintenance 

levels will at a minimum ensure weather tightness, limit undue facility 

deterioration, and provide physical security.

The Military Departments have developed specific maintenance levels 

that consider several factors, including:

• Required operational status of the facility and the level of effort and scope of 

work necessary to sustain that status;

• Anticipated time until facility reuse (e.g., whether the facility should be 

“mothballed” or “pickled”); and

• Location-specific climatic conditions (e.g., air conditioning, 

dehumidification, and heat).

6.2.3 Maintenance periods

Where continuing maintenance would foster likely redevelopment, the Military 

Departments normally will sustain the initial level of maintenance or other 

levels that support the likely reuse for the later of:

• One year after operational closure of the base, or 

• 180 days after the NEPA analysis and decision making for the relevant 

property (e.g., disposal ROD, post-FONSI disposal decision) has been 

approved by the Secretary of the Military Department, 

unless reuse has already been achieved.

For such installations closed prior to the publication of the Department’s Final 

Rule for Revitalizing Base Closure Communities (July 20, 1995) where 

maintenance is still ongoing, maintenance of property not in reuse will normally 

extend no longer than one year from the date of publication of the Rule. For 

installations affected by multiple rounds of BRAC, the above one-year/180-day 

rule will be in effect from the date of approval of the last round of BRAC that 

affected the installation.

Example timelines for initial maintenance levels are shown in Figure 6-1. Black 

bars in the figure indicate the durations for which post-closure initial 

maintenance levels will be sustained for the two cases shown. In Case 1, initial 

maintenance levels are sustained for a full year after closure because this period 

is longer than 180 days after disposal decisions. Case 2 shows a longer 

maintenance period because the maintenance levels are sustained for 180 days 

beyond approval of disposal decisions.

How long will the 

Services provide 

maintenance?
DoD Base Reuse Implementation Manual

December 1997 6-5

The Military Department may extend the period for initial or adjusted 

maintenance levels for property still under its control, if the Secretary of the 

Military Department determines that the LRA is actively implementing a plan

and such levels of maintenance are justified. Examples of active implementation 

include:

• Substantial portion(s) of the base have been leased to the LRA.

• A lease in furtherance of conveyance has been negotiated.

• The LRA or a local utility company has taken ownership of utility systems.

Periods of post-closure maintenance at levels to support likely reuse will in most 

cases significantly exceed the minimum periods required by BRAC legislation 

(Section 2902 of Title XXIX of NDAA 94, the Pryor Amendments).

Water supply, electrical power and sewage disposal facilities may have to be 

operated after mission departure at rates far below their designed capacity. 

Because of this, an engineering analysis should be performed to determine 

which structural and operating changes are necessary (e.g., valve closures in 

water supply systems or power shutoff in unused facilities) to ensure lawful and 

cost-effective operation.

All periods of initial maintenance will be terminated when an agreement for 

reuse of the property (i.e., interim lease or other transfer, lease in furtherance of 

conveyance, or deed) is executed. In the case of Federal Aagency transfers, the 

Military Department and the receiving Agency will coordinate the transition of 

maintenance responsibilities, but Federal Agencies will generally be expected to 

assume this responsibility as soon as the Military Department makes the 

property available for transfer.

Date of Approval

of Closure

6-year Closure

End Date

Case 1:

Maintenance period

determined by

closure date

Case 2:

Maintenance period

determined by NEPA

documentation

Post-Closure Initial Maintenance Levels Sustained

O &

O &

Closure Date

(1 year after closure date)

(180 days after NEPA documentation)

NEPA Documentation

Approved

Year 1 Year 2 Year 3 Year 4 Year 5 Year 6

Figure 6-1. Example Timelines for Initial Maintenance Levels 

at BRAC Installations
Maintenance, Utilities, and Services

6-6 December 1997

6.2.4 Disagreements

Should the LRA disagree with the Military Department’s determination of 

initial or subsequent maintenance level, every effort will be made to resolve that 

disagreement at the lowest possible level within the Military Department’s 

chain of command. Final authority for resolving disagreements rests with the 

Secretary of the Military Department or the official to whom the Secretary 

delegates that authority.

6.3 FACILITY MAINTENANCE AND COMMON SERVICES

6.3.1 Maintenance providers

Protection and maintenance of property can be performed by several different 

entities, depending on the particular phase of base closure and disposal (see 

Table 6-1). In general, funding for maintenance of property not in reuse will be 

provided by the Military Department; property that is being reused will be 

maintained at the expense of the user.

• Pre-Closure. Prior to operational closure, the Military Department will 

retain responsibility for protection and maintenance of the installation. 

However, property that is being reused under a lease will be maintained by 

the Lessee (typically the LRA; see also Chapter 5 of this Manual for more 

information on leasing). The departing mission will be required to place the 

facilities into the agreed-upon initial maintenance levels as they are vacated 

prior to operational closure. Pre-closure maintenance of vacated facilities 

may be provided through a caretaker contract or cooperative agreement (see 

definitions below).

• Post-Closure, Pre-Disposal (initial maintenance levels). Following 

operational closure, the active mission will no longer bear responsibility for 

property maintenance. It is to the Military Department’s and the local 

community’s benefit to establish operation and maintenance procedures for 

common services as early as possible but before operational closure. The 

Military Department will continue to fund initial maintenance levels after 

closure for the time periods identified in Section 6.2.3. Funding of protection 

and maintenance activities can occur through several mechanisms:

— A caretaker contract, under which a military-procured contractor 

performs protection and maintenance.

— A cooperative agreement, under which the LRA or another qualified 

community entity performs protection and maintenance caretaking on a 

non-profit, cost-reimbursement basis, under an agreement with the 

Military Department. Cooperative agreements may also be used in 

appropriate cases to provide for protection and maintenance of properties 

that will be disposed of at a realigning base.

— A support agreement with another military organization.

— A residual Government work force.

Who provides 

maintenance and 

services?
DoD Base Reuse Implementation Manual

December 1997 6-7

Base Closure and Disposal Phase

Protection and

Maintenance Agent Pre-Closure Post-Closure,

Pre-Disposal Post-Disposal

Military Department (Support Agreement**) Not Applicable

Lessee (Leased Property) (Leased Property) Not Applicable

LRA or Community (Cooperative 

Agreement)

(Cooperative 

Agreement**)

Not Applicable

Caretaker

Contractor (Caretaker Contract) (Caretaker Contract**) Not Applicable

Transferee Not Applicable Not Applicable (Deeded Property)

**Scope of work reduced when periods in Section 6.2.3 expire.

Table 6-1. Protection and Maintenance Agents at BRAC Installations

• Post-closure, pre-disposal (minimum maintenance levels). After expiration 

of the time periods identified in Section 6.2.3, the Military Department will 

normally reduce maintenance levels to the minimum level for surplus 

Government property required by 41 CFR § 101-47.402 and § 101-47.4913.

• Leased property. Protection and maintenance of property being reused 

under a lease will be the responsibility of the Lessee.

• Post-disposal. Once property has been disposed of, the Military Department 

will not provide funding for protection and maintenance. Protection and 

maintenance of leased or conveyed property will be the sole responsibility of 

the transferee.

6.3.2 Maintenance activities

Maintenance of real property, facilities, and equipment can entail a wide range 

of activities. Although specific maintenance activities will be determined by the 

Military Department in consultation with the LRA, such activities can include:

• Interior and exterior physical inspections of buildings, including building 

shells and exterior windows and doors, to verify security and structural 

soundness.

• Scheduled operational inspections and routine maintenance for utilities 

including heat, air conditioning, water supply and plumbing, electricity, 

sewage, gas, and fire protection systems.

• Maintenance and inspection of elevators and other installed mechanical 

equipment.

• Pest control, such as periodic termite inspections.
Maintenance, Utilities, and Services

6-8 December 1997

• Grounds maintenance, including grass mowing and fire breaks.

6.3.3 Activities not considered maintenance

Certain activities that may be desirable for reuse and redevelopment purposes 

are not considered normal maintenance responsibilities. For example:

• Building demolition.

• Asbestos abatement and lead-based paint removal beyond those actions 

required by law and regulation.

• Installation of facility-specific utilities or utility meters.

• Construction or modifications in order to meet Federal, State, or local 

building or utility infrastructure codes.

Property improvements or alterations that are not necessary to protect public 

health and safety will not be made as part of military-funded protection and 

maintenance.

6.3.4 Common services

Common services must also be arranged for the installation after mission 

departure, include the following:

• Road maintenance (snow/ice removal).

• Physical security (police).

• Utility services.

— Electricity

— Water/sewage

— Telephone

— Gas

• Fire/emergency services.

6.4 EQUIPMENT AND PERSONAL PROPERTY MAINTENANCE

The Military Departments will generally follow a standard approach for 

establishing and maintaining minimum levels of maintenance for items of 

equipment and other personal property. This approach is based on the general 

practice described in Section 6.1. Some additional guidelines for personal 

property and equipment apply:

• Equipment and personal property will be transitioned to their initial 

maintenance levels as their mission use ceases or the active mission departs.

• Equipment and personal property will be physically secured, at the Military 

Department’s option, in either a central location or in individual facilities.

What activities 

aren’t included in 

maintenance?

How are equipment 

and personal 

property 

maintained?
DoD Base Reuse Implementation Manual

December 1997 6-9

Example: Initial Maintenance Levels

An installation in the Southwest has been identified for closure and a closure date 

determined. While facilities are occupied by active military units, they will maintain 

the buildings, but drawdown of base personnel will begin soon and will continue over 

a two-year period until all of the active mission has departed.

• Building 1 is a new, single-floor administrative building at a closing installation. 

During a building-by-building discussion of initial maintenance levels, the Military 

Department and the LRA estimate that the building should be converted to reuse 

within two years. The Military Department, in consultation with the LRA, sets the 

initial maintenance level of the building based on reuse and the location-specific 

climatic conditions (see Section 6.2.1). The building is then given a maintenance 

level (e.g., Level III) based on Military Department-specific guidelines. When the 

unit occupying the building departs, the building is converted to its assigned 

maintenance status and that status is maintained by the Military Department until 

closure. Because reuse is expected within a short timeframe, but not immediately, 

the building is maintained in an intermediate status. No heat is provided for the 

building because of the Southwestern climate. Provision of air conditioning to 

control humidity is considered, but is rejected because of naturally low humidity. 

The facility is inspected regularly and after special events such as severe 

thunderstorms, and repairs necessary to maintain the building in its initial 

maintenance level are performed. Building equipment is maintained through 

scheduled operational system checks and preventative maintenance inspections. 

The water is turned on monthly to toilets, urinals, faucets, fountains, etc., to keep 

them in working order. After closure the maintenance is transferred to the postclosure maintenance agent. In the case of Building 1, this is to the local community 

through a cooperative agreement. The post-closure maintenance agent continues 

to maintain the facility until it is leased to a local business. The Lessee then 

maintains the building as part of its lease.

• Building 15 is an old storage warehouse. The Military Department and the LRA 

discuss potential reuse, but cannot identify a probable one due to the poor 

condition and advanced age of the warehouse. The initial maintenance level is set 

to the lowest level, indicating no reuse identified. When the unit using the 

warehouse departs, the building is permanently closed. The windows and 

entrances are secured and unauthorized personnel and visitors are prevented from 

entering the facilities and grounds. All utilities are disconnected and properly 

terminated. The building is inspected annually and after severe storms, but only 

conditions adversely affecting public health, the environment, or safety will be 

addressed.

• Maintenance of installed equipment and related personal property will be at 

the initial levels for the associated real property, as set by the Military 

Department in consultation with the LRA. Duration of initial maintenance 

will be as specified in Section 6.2.3, after which time only physical security 

will be provided.

• Maintenance of non-installed equipment and non-related personal property 

is predicated on the LRA’s ability to acquire control of these items 

independent of real property and is normally restricted to physical security.
Maintenance, Utilities, and Services

6-10 December 1997

• The Military Department will discontinue its responsibility for personal 

property maintenance upon reuse (e.g., when the personal property is 

included in interim leases or leases in furtherance of conveyance, is related to 

real property in deed transfers, or is transferred by bill of sale). Generally, 

this means the Military Department will maintain personal property for a 

period of no more than 60 days after the date on which the LRA (or other 

recipient) has been offered the opportunity to take possession of the 

property.

• The Military Department will notify the LRA of any intended change in an 

established maintenance level for equipment or personal property, should 

such a change become necessary (e.g., closure or change in mission, no reuse 

apparent, or expiration of maintenance periods in Section 6.2.3). This notice 

will occur prior to the reduction in maintenance level.

6.5 UTILITY SYSTEM MAINTENANCE, OPERATION, AND DISPOSAL

6.5.1 DoD policy guidance

• DoD and the Military Departments will encourage the LRA to consider and

address the operation, maintenance, and conveyance of utilities or utilities 

service contracts in its redevelopment plan. Utilities include:

— Water/sewage.

— Storm water.

— Electricity.

— Energy plants (heating/cooling).

— Waste collection and recycling.

— Gas (natural and liquid propane).

— Telecommunications lines (e.g., telephone and cable TV).

• The Military Department will encourage the LRA to find a mechanism 

(e.g., lease or license) and willing recipient in order to transfer a closing 

installation’s utility systems to local entities (public or private) before the 

date of operational closure (or as soon as practicable after closure), in order 

to provide continuity of service.

• At realigning installations or when property is being retained by a Military 

Department, decisions about the transfer and disposal of utility systems are 

at the discretion of the Military Department and should be based upon the 

individual facts and circumstances.

• It is DoD’s view that the community is best served when the Military 

Department transfers utility systems to local control (the LRA or other 

private or public concern) early in the closure process. For example, the 

sooner the LRA (or other private concern) accepts transfer of the utility 

systems, the sooner it can receive assistance (e.g., Economic Development 

Administration [EDA] grants) necessary to upgrade or rework systems to 

meet its specific requirements. Moreover, if the LRA or local utility 

company operate the utility systems, prospective tenants will have more 

confidence that they will have continued utility services once the base is 

closed.

What is DoD’s policy 

for utility systems?

When should utility 

systems be 

transferred?
DoD Base Reuse Implementation Manual

December 1997 6-11

• Generally, existing military base utility systems are operational. All utility 

systems will be transferred in an “as is” condition and will not be improved 

before transfer.

• The Military Department should offer technical assistance to the LRA 

throughout the process of utility transfer and consult with the LRA on 

options and negotiations concerning utilities.

• Military Departments will not make improvements or upgrades to utility 

systems to comply with local code or for other reasons. Some early transfer 

and EDA grants are available for improvements and upgrades.

• Operation of utility systems by the Military Department at a closed 

installation will be at the minimum level required to sustain caretaker 

operations. Operation to support reuse in excess of that required for 

caretaker operations will be the responsibility of the LRA.

6.5.2 Time periods for military operation of utilities

The Military Departments may operate the utility systems for the later of:

• One year after operational closure of the base, or

• 180 days after the disposal decisions for the relevant property by the 

Secretary of the Military Department, 

unless reuse has already been achieved.

For installations closed prior to the publication of the Department’s Final Rule 

on Revitalizing Base Closure Communities (July 20, 1995), where utility systems 

are still being operated, utility service may normally extend no longer than one 

year from the date of publication of the Rule. For installations affected by 

multiple rounds of BRAC, the above one-year/180-day rule will be in effect 

from the date of approval of the last round of BRAC that affected the 

installation.

The Military Department may extend the period for providing utility service if 

the Secretary of the Military Department determines that the LRA is actively 

implementing a redevelopment plan that will achieve necessary transfer of the 

utility systems.

6.5.3 Disposal authorities for utility systems

It is DoD’s policy to dispose of utility systems as early in the base closure 

process as possible. The Military Department will negotiate transfers of utility 

systems on a case-by-case basis. The installation should work with the local 

environmental authorities to convey existing environmental permits at the same 

time the utility is conveyed, regardless of the means of conveyance.

Utility systems may be transferred by lease, license, bill of sale or by deed, or by 

a combination of these. If by bill of sale, appropriate easements or franchises 

must be provided.

Several authorities exist for the conveyance of utility systems, including:

How long will the 

Services operate 

utility systems?

How are utility 

systems 

transferred?
Maintenance, Utilities, and Services

6-12 December 1997

• Power transmission lines (including electric and gas lines). Sale at fair 

market value under 50 U.S.C. App. § 1622(d), 41 CFR § 101-47.308-1.

• Water and sewer systems. Public benefit conveyances for public health 

purposes under 40 U.S.C. § 484(k)(1), 41 CFR § 101-47.308-4.

• Advertised and negotiated sales under 40 U.S.C. § 484(k), 

41 CFR § 101-47.304.

• Economic Development Conveyance.

In exercising the above options, the Military Department’s primary goal is to 

foster economic development and ensure that the facilities can be serviced by 

utilities through local utility providers. Therefore the qualifications and 

financial capability of the provider are of the greatest importance.

Examples of Utility System Conveyances

Economic Development Conveyance (Sacramento Army Depot)

The Corps of Engineers estimated that utility infrastructure requirements at 

Sacramento Army Depot would total $22 million. Part of this estimate was based on a 

Pacific Gas and Electric (PG&E) electrical engineering study funded by the Army. The 

local utility providers, the Sacramento Municipal Utility District (SMUD) and Pacific 

Bell, were not interested in the electrical and phone systems. The City of Sacramento 

will receive the utilities as part of the Economic Development Conveyance for the 

Depot. Initially, the City will maintain and operate the utilities as a private developer 

for the entire parcel, 

later privatizing the systems. A lessee will use $17 million in City loans to upgrade the 

utilities and buildings. These costs will offset the fair market value rent due the Army. 

Tenant rates will initially include an estimated pro-rata utility charge.

Public Benefit Conveyance (Castle Air Force Base)

The City of Atwater requested a public benefit conveyance of the base water system 

with the Department of Health and Human Services (HHS) as the sponsoring Agency. 

In a supplemental Disposal Record of Decision (ROD), the Air Force assigned the 

water and wastewater systems to HHS upon a formal request for conveyance of these 

systems for use in the protection of public health. This request for a public benefit 

conveyance was authorized under the authority of 40 U.S.C. § 484(k)(1)(B).

Public Sale (Mather Air Force Base)

At Mather AFB a supplemental Disposal ROD offered the gas, electric, and telephone 

lines to Sacramento County under a negotiated sale or at public auction. When the 

County declined to buy these systems, the Air Force auctioned them. Two bids were 

received for the electric system, the larger of which was an offer of $10,000 from 

SMUD. SMUD estimated that it would take $3 million to bring the electric system at 

Mather up to code. There was one bid of $1,467 for the gas system and one bid of 

$2,151 for the telephone system.
December 1997 7-1

7

Economic Development 

Conveyances

7.1 INTRODUCTION

7.1.1 A new authority: an additional tool for communities

Following the July 1993 announcement of the President’s program to revitalize

base closure communities, Congress created a new property conveyance 

authority, designed specifically to ease the economic hardship caused by base 

closures. Section 2903 of Title XXIX gives the Department of Defense the 

authority to transfer property to Local Redevelopment Authorities, for 

consideration at or below estimated fair market value, to spur economic 

redevelopment and job creation. This tool is referred to as the “Economic 

Development Conveyance.”

7.1.2 Philosophy behind an EDC—Keys to success

Property at a closing military installation can be a valuable resource to a 

community’s future economic development. While some bases in their current 

condition represent a valuable and marketable asset today, many bases will 

require substantial infrastructure investment to be reused in the private real 

estate market. With appropriate investment of time and money, they can 

become a valuable asset. The EDC was created to facilitate property transfer for 

community economic recovery while obtaining fair and reasonable 

compensation for the Federal Government.

Frequently Asked Questions About Economic Development 

Conveyances

‚ What is an Economic Development Conveyance (EDC)? Section 7.1

‚ Who is eligible to apply for an EDC? Section 7.1

‚ What must an EDC application contain? Section 7.2

‚ What criteria are used in evaluating an EDC application? Section 7.3

‚ How are the terms and conditions for payment determined? Section 7.4

‚ What justification is necessary to receive a discounted EDC? Section 7.4

‚ What financing options are available for an EDC? Section 7.4

‚ Are there examples of successful uses of an EDC? Section 7.5
Economic Development Conveyances

7-2 December 1997

Economic Development Conveyances

GUIDING PRINCIPLES FOR THE MILITARY DEPARTMENTS

• Job creation and rapid property transfers are the main goals.

• Work with the community to reach these common goals. 

• Remember that quicker property transfers will benefit the Government through 

savings of protection and maintenance expenses. Waiting for the highest 

theoretical price for property may result in lower present value, or nothing at all.

• Focus on reaching agreement on realistic market trends. Due to the wide range 

of conditions existing in affected communities, appropriate market trends could 

result in estimates of fair market value ranging from zero to hundreds of millions 

of dollars. 

• Encourage the community to take as much property as can be justified as part of 

an EDC. The EDC parcel should include a variety of properties, some of which 

may not be of immediate value without improvement, and some of which must 

be used to leverage financing for needed improvements.

• Look at community investment and risk. The more the community is investing in 

the overall development, the more they are contributing to the overall value. The 

less the community is investing, the higher the risk for the Federal Government 

and the more the Government is contributing to the overall value.

• Look at the financial resources of the EDC applicant. Be wary of undercapitalized 

entities, because without proper capital, the development may not be able to 

support the necessary investments to create and maintain job generation.

• Remember that the EDC is a new tool, specifically designed to allow for 

flexibility. There is no single way to structure an EDC or a cookie-cutter answer 

that applies in all cases. Keep in mind you are not bound by typical GSA rules for 

valuation or payment terms and conditions. This new authority should be used in 

creative and innovative ways!

7.1.3 Definition of an EDC

An EDC was created as a new method for transferring real property to an LRA 

to help spur local economic development and job creation. An EDC may be 

with or without initial payment at time of transfer and may be at or below the 

estimated fair market value of the property. Terms and conditions of payment 

to the Department of Defense are fully negotiable. These negotiations should be 

fair and reasonable to both parties and strike a balance between compensation 

to the Federal taxpayer and the need for the EDC to spur redevelopment and 

job creation.

7.1.4 Appropriate uses of an EDC

The EDC should be used when an LRA wants to obtain property for jobgenerating purposes, and the uses proposed by the LRA’s redevelopment plan 

cannot be accomplished under the other Federal property transfer authorities. 

While the primary use of the EDC must be for long-term job creation and 

What is an EDC?

When should an 

EDC be used?
DoD Base Reuse Implementation Manual

December 1997 7-3

economic redevelopment, the inclusion of other properties that facilitate this 

goal (e.g., housing for factory workers) may be acceptable. 

Other such Federal property transfer authorities include the Federal Property 

and Administrative Services Act (FPASA) of 1949 (40 U.S.C. § 471 et seq.) and 

public airport conveyance authorities (49 U.S.C. §§ 47151–47153) that allow for 

transfers of property to units of government or non-profit institutions that 

maintain the use of property for various public purposes including, but not 

limited to, parks, public health, education, aviation, historic monuments, and 

prisons. DoD will not supplant these existing public benefit transfer authorities 

with EDCs and will work to ensure transfers of property under public benefit 

transfers are in accordance with the sponsoring Federal Agency regulations. 

The FPASA also allows for negotiated sales at fair market value to eligible 

public entities for public purposes or direct sales through a public bid process. 

(See Federal Property Management Regulations and sponsoring Agency 

regulations in Appendix E.)

Utility distribution systems and transportation networks form an integral part 

of infrastructure, which will often serve new development in the creation of 

jobs. Where other disposal authorities are not appropriate, these systems may 

be considered for inclusion in an EDC application.

7.1.5 Eligible EDC recipients

An LRA officially recognized by the Secretary of Defense through OEA is the 

only entity eligible to receive property under an EDC. The LRA may be a State 

or local government or an authority or instrumentality established by a State or 

local government that is responsible for directing implementation of the 

redevelopment plan. It should have broad-based membership, including, but 

not limited to, representatives from those jurisdictions with zoning authority 

over the property. Consequently, applications submitted by entities other than 

LRAs will not be considered.

7.2 APPLICATION PROCEDURES

An application must be prepared by the LRA as its formal request for property 

and to assist the Military Department in satisfying its statutory obligations 

under Title XXIX. Although it is the LRA’s responsibility to prepare a complete 

application to justify both the use of the EDC as the transfer method and the 

specific terms they offer, the Military Department should assist them with 

developing the application. A great deal of the information necessary for an 

application is readily available to the LRA through the community planning 

process and supported through existing DoD technical and financial resources. 

To the extent information that would assist in redevelopment planning is 

available from existing studies, it should be made available. In general, the 

process should be a cooperative effort in furtherance of the goal of the Military 

Department to rapidly transfer property and the desire of the LRA to receive 

the property for long-term job creation.

Beyond the standard planning information, LRAs should incorporate a 

business/operational plan into their overall base reuse planning. This effort will 

assist LRAs in identifying necessary implementation resources and establishing 

a community-based proposal for the Military Department’s consideration. This 

business/operational plan will form the basis for community negotiations on the 

purchase price for the property. Accordingly, the Military Departments should 

Who is eligible to 

apply for an EDC?
Economic Development Conveyances

7-4 December 1997

share market trends underpinning their appraisal as soon as they are available 

and the LRA should strive to include this data in its analysis. 

Before an application is prepared, the LRA should meet with the Military 

Department, the BTC, and the OEA Project Manager in a pre-application 

workshop to discuss: property acquisition alternatives; the requirements of an 

EDC application; the timetable for Military Department actions; and the LRA’s 

timetable and needs to ensure that an adequate planning effort is undertaken.

7.2.1 Timing of the EDC application

Before an EDC application can be submitted, the LRA must adopt a 

redevelopment plan (see Section 3.4.2, Contents of the redevelopment plan) that 

will be included in its submission to HUD as well as provided to the Military 

Department for consideration in its review under NEPA. The Military 

Department responsible for the property shall then establish a reasonable 

timeframe for submission of an EDC application. The timeframe should not 

extend past one year from the submission of the redevelopment plan or the 

closure date for the installation, whichever is earlier. These timeframes should 

be communicated to the LRA in writing. If an application is not made within 

the timeframe established by the Military Department or the LRA no longer 

desires to apply for an EDC, disposal may proceed under alternative methods 

including a negotiated or public sale of the property. The LRA always has the 

option of acquiring property under the FPASA, and thus it may not be 

necessary to complete an application for an EDC within the stated timetables.

7.2.2 Amount of property included in an EDC

The EDC should be used by LRAs to obtain large parcels of the base rather than 

individual buildings. The income received from some of the higher-value 

property should be used to offset the maintenance and marketing costs of the 

less desirable parcels. While the LRA is not permitted to select only high-value 

facilities for the EDC parcel, they will not be required to take more property 

than could be supported by the long-term redevelopment efforts. Generally, 

there should be only one EDC application per installation, so the size of the EDC 

parcel should be carefully selected. At the LRA’s discretion, personal property 

may be requested as soon as it is available for disposal through a separate EDC 

application.

7.2.3 Contents of the application

The application should explain why an EDC is necessary for economic 

redevelopment and job creation. The application does not need to be overly 

complex, nor does it require a great deal of new information. In most cases the 

information should have been gathered as part of the overall planning process. 

Since this process was designed as a flexible tool to meet individual facts and 

circumstances, there is no requirement that all applications look the same. The 

Military Departments and the community should work together to agree on the 

types of information needed to properly evaluate an application.

The application should contain the following elements:

• A copy of the adopted redevelopment plan.

• A project narrative including the following:

When should an 

application be 

made?

How much property 

should be included 

in an EDC 

application?

What must an EDC 

application contain?
DoD Base Reuse Implementation Manual

December 1997 7-5

— A general description of property requested.

— A description of the intended uses.

— A description of the economic impact of closure on the local communities.

— A description of the financial condition of the community and the 

prospects for redevelopment of the property.

— A statement of how the EDC is consistent with the overall 

Redevelopment Plan.

• A job generation schedule, including a description of how the EDC will 

contribute to short- and long-term job creation and economic redevelopment 

of the base and community. The projected number and type of new jobs it 

will assist in creating should be estimated.

• A business/operational plan for the EDC parcel. This plan presents a 

blueprint for LRA implementation of the redevelopment plan, including the 

financing, management, and municipal service requirements for reuse. The 

overall analysis will depict how the recognized obligations will be met along 

with the following:

— A development timetable, phasing schedule, and cash-flow analysis.

— A market and financial feasibility analysis describing the economic 

viability of the project, including an estimate of net proceeds over the 

projected development period, the proposed consideration and payment 

schedule to the Department of Defense, and the estimated fair market 

value of the property.

♦ A market analysis should explore the current availability and 

absorption of the type of property proposed in the EDC parcel and a 

projection of future demand for similar property. To ensure some 

connectivity between the business plan and the Military Department’s 

appraisal efforts, the LRA’s business planning activity should be 

scheduled so that it may incorporate market trend data from the 

appraisal. 

♦ See Table 7-1 for a potential format for a project pro-forma as a way of 

addressing this requirement. In this instance, the pro-forma reflects a 

predominately commercial development. Remember that each 

application is likely to be different and may not need to go into the 

same detail as the model provided.

— A cost estimate and justification for infrastructure and other investments 

needed for the development of the EDC parcel. For example:
Economic Development Conveyances

7-6 December 1997

♦ The estimated costs for improvements and a description of the need 

for that level of investment should be offered. This could include a 

description of the alternatives explored and the cost/benefit analysis 

of that type of investment. For example, if the LRA plans on creating 

a new park as a centerpiece for an office complex, contrast the costs 

and benefits of creating a $1 million park versus a $10 million park.

♦ A description of the income that may be generated from that 

investment. For example, if $10 million was needed to expand the 

water and sewer system, estimate the income received from the new 

customers at the base that could pay for a portion of the new 

investment.

Developer Spreadsheet

Pre-tax Cash Flow Analysis

Symbols YR1 YR2 YR3 YR4 YR5 YR. YR. YR. YR. YR15

REVENUES

+ Gross Rent

+ Other Income

+ Tenant Contribution

+ G. RENT

+ O. INCOME

+ T. CONTB.

= Gross Income or Gross Rent

– Vacancy Contingency

____% Vac. Rate × Gross Income

= G. INCOME

– VAC

= Effective Gross Rent

(or Gross Collections)

Operating Expenses

Insurance ($___p.s.f.)

Maintenance & Structural Repairs 

($___p.s.f.)

Management Fees

Property Taxes ($___p.s.f.)

Misc. Operating Expenses

Reserves

= EGR

– Total Operating Expenses – OPR. EXP.

= Net Operating Income

– Debt Service (Annual Principal &

Interest)

– Debt Service

= NOI

– D/S

– D/S

= Cash Flow Available for Distribution = CF

CASH-ON-CASH ROI

Cash Flow Available for Distribution

Original Equity Investment

CF

EQ

% % % % % % % % % %

Table 7-1. Pro-Forma Developer Speadsheet for Cash Flow Analysis

— Local investment and proposed financing strategies for the development.
DoD Base Reuse Implementation Manual

December 1997 7-7

♦ This is probably the most important part of the application because it 

provides the basis for the Military Department’s determination as to 

the project’s feasibility. The LRA should describe how it will finance 

the project; e.g., through taxes, bond financing or partnership with 

private sector interests. This may include a statement from bond 

counsel or potential financial investors of their interest in assisting the 

overall development. In instances where the business plan analysis 

results in marginal values, detailed information on the source of any 

public or third party funds should be provided.

Bond Financing

• Ft. Devens, Mass.—In January of 1994, the State of Massachusetts passed 

landmark legislation creating the Devens Enterprise Commission to guide the

redevelopment of the former Ft. Devens. With this legislation, the State provided 

$200 million in bonding capacity for the Massachusetts Government Land Bank to 

use to fund the redevelopment efforts.

• NAS Glenview, Ill.—Even before the base was closed, the Village of Glenview 

obtained the authority to issue $60 million in bonds for the specific purpose of 

making infrastructure improvements to NAS Glenview. The repayment of the 

bonds will be derived from the increase in property taxes the Village will receive 

once the base is transferred and placed on the tax rolls.

.

• A statement describing why other Federal property transfer authorities—

such as public or negotiated sales and public benefit transfers—cannot be 

used to accomplish the economic development and job creation goals.

• A statement including the amount and form of the proposed discounted 

consideration, a payment schedule, the general terms and conditions for the 

conveyance, and the projected date of conveyance. If a transfer is requested 

for less than the community’s estimated value, an analysis justifying the 

discount shall be provided.

• A statement of the LRA’s legal authority to acquire and dispose of the 

property.

Additional information may be requested by the Military Departments to allow 

for a better evaluation of the application.

7.2.4 Valuation

A key to a successful EDC is a proper and realistic valuation of the property. 

This must be done in a cooperative fashion, with both the LRA and the Military 

Department using realistic market trends that are right for the local 

marketplace. 

Title XXIX requires that the Secretary of the Military Departments determine the 

estimated fair market value of the property before conveying property through 

an EDC. The estimated fair market value should be expressed as a range of 

values based on the intended land uses outlined in the redevelopment plan. 
Economic Development Conveyances

7-8 December 1997

The Military Department should begin its appraisal as soon as possible 

following submission of the final redevelopment plan, ensuring the effort is 

underway within six months from the final plan submission. A copy of the 

appraisal instructions or scope of work shall be provided to the LRA at the 

earliest possible time. Once the appraisal is underway, market trends shall be 

provided iteratively to ensure the community’s analysis benefits from the effort. 

To ensure some connectivity between the business plan and appraisal efforts, 

OEA shall inform the Military Department when it has approved community 

planning assistance for a business plan. Similarly, LRA business planning 

activity should be scheduled so that it may incorporate market trend data from 

the appraisal in its analysis.

• Market trends — Market trends provide a linkage between the community’s 

business plan and Military Department’s appraisal. As such, both efforts 

should strive for the inclusion of similar data in their respective analyses. 

When designing specific market trends, the following factors should be 

considered:

— Escalation and market absorption rates for the different types of land use 

in the local redevelopment plan

— Base rental/sale income at the base year for types and classes of property 

and a rate of inflation

— Cost of infrastructure improvements needed to meet State and local codes 

and meet market demands to arrive at the target rent/sale price

— Maintenance costs before sale/lease

— Applicable discount and capitalization rates 

— Developer’s profits

• In most cases, because of the lack of comparable sales for properties the size 

and complexity of EDC transactions and the physical obsolescence of many 

military buildings, a standard real estate appraisal using the comparable or 

cost approach to value should not be used. The income approach to 

valuation will probably be the preferred approach. The elements of the 

income approach, projecting net operating income based on market trends 

and selecting a capitalization rate, can be used as part of the process in 

determining value for an EDC, and will normally be a central element in the 

business/operational plan. Fair market value should be estimated in terms of 

its present value, not its value after development. Therefore, the valuation 

process should identify current and projected market rents for the uses 

defined in the Redevelopment Plan or create rental income trends to be used 

in determining the estimated fair market value. The capitalization rate 

chosen should also be a function of rates of return in the present-day 

marketplace adjusted for risk. The estimation of fair market value then 

becomes a function of the economic value, derived from the projected net 

operating income and the capitalization rate using present-day market and 

absorption trends. The estimated fair market value then is the economic 
DoD Base Reuse Implementation Manual

December 1997 7-9

value minus the cost to cure the physical and infrastructure obsolescence of 

the base to make the space and land usable in present-day market conditions.

Example: Income Approach to Valuation of Property

GROSS ANNUAL REVENUE 

Gross Building Area 600,000 sq. ft.

Net Leasable Area 600,000 sq. ft. × 85% = 510,000 sq. ft.

Annual Rent/Sq. Ft. $7.00

Annual Income at 100% Occupancy $3,570,000

Vacancy Factor (10%) –357,000

Gross Annual Revenue $3,213,000

Total Operating Expenses –1,120,000

Net Operating Income $2,093,000

ECONOMIC VALUE

Capitalization Rate 15%

Net Operating Income $2,093,000

Economic Value $13,953,333

CAPITAL INVESTMENTS (cost of cure)

Building Renovation (@ $9.00/sq. ft.) $5,400,000

Demolition 600,000

Infrastructure Repair/Replacement 6,200,000

Total Capital Investment $12,200,000

ESTIMATED FAIR MARKET VALUE

Economic Value $13,953,333

Total Capital Investment –12,200,000

Estimated Fair Market Value $1,753,333

7.3 APPLICATION REVIEW AND APPROVAL

7.3.1 Authority to approve an application

After receipt of an application for an EDC, the Secretary of the Military 

Department will determine whether an EDC is consistent with the criteria stated 

in the regulation and is appropriate to spur economic redevelopment and job 

creation. The terms and conditions proposed will be examined to determine if 

the offer is fair and reasonable. The Military Department may also consider 

information independent of the application, such as views of other Federal 

Agencies, appraisals, caretaker costs, and other relevant information.

Upon receipt of an application, the Secretary should establish an estimated time 

period within which the application will be reviewed and inform the LRA of the 

time period.

7.3.2 Criteria used to evaluate an application

The following criteria and factors will be used, as 

appropriate, to evaluate the proposed terms and 

conditions of the EDC, including price, time of payment, 

Who will approve or 

deny an EDC 

application?

What criteria are 

used in evaluating 

an EDC application?
Economic Development Conveyances

7-10 December 1997

and other relevant methods of compensation to the Federal Government. These 

factors are not a checklist and therefore there is no requirement that all elements be met. 

Instead, these factors are meant to serve as guidance for decision makers.

• Adverse economic impact of closure on the region and potential for recovery 

after an EDC.

— The greater the impact of closure, the greater the need for assistance.

• Extent of short- and long-term job generation.

— An EDC might create 1,000 construction jobs (short-term) and 3,000 

permanent jobs in the community. An EDC that only produces shortterm job creation is not acceptable.

• Consistency with the overall redevelopment plan.

• Financial feasibility of the development, including market analysis and the 

need and extent of proposed infrastructure improvements.

• Extent of State and local investment and level of risk incurred, as well as the 

ability of the LRA to implement the plan.

— The more the community is investing in the overall development, the 

more they are contributing to the overall value. The increased risk by the 

community should be viewed favorably.

— Approved zoning demonstrates an important step toward successful 

implementation of the plan and should be viewed favorably. 

• Economic benefit to the Federal Government, including protection and 

maintenance cost savings and anticipated consideration from the transaction.

— Saving of protection and maintenance expenses can be more valuable to 

the Military Department than a (hypothetical) high sales price.

• Incorporation of other Federal Agency interests and concerns, and 

applicability of and conflicts with other Federal surplus property disposal 

authorities.

• Relationship to the Military Department disposal plan for the installation.

— If the LRA is not requesting the entire base through an EDC and/or 

public benefit transfers, the Military Department should explore its ability 

to dispose of the remaining parcels.

• Compliance with applicable Federal, State, and local laws and regulations.
DoD Base Reuse Implementation Manual

December 1997 7-11

7.3.3 Approach for application review

• The LRA’s application will be the starting point for review of the proposed 

EDC. However, the Military Departments and the LRA are encouraged to 

work together before an application is submitted in order to ensure a quick 

review and approval process. This review and approval process should be 

fairly simple if both parties are open throughout the negotiations.

• The Military Department may request additional information from the LRA 

and may use additional information. Any additional information used in 

evaluating the application will be shared with the LRA unless doing so 

would compromise national security.

• The Military Department should review information contained in the 

application and ask the LRA for appropriate verification if needed for proper 

evaluation.

• The Military Department will evaluate the proposed terms and conditions of 

the EDC, including price, time of payment, and type of financing. If the 

proposal is not deemed to be acceptable, the Military Department should 

propose options for the LRA to consider.

In the event that an application is not approved and negotiations on an 

acceptable application are not concluded, the Secretary of the Military 

Department shall state the reasons for disapproval in writing.

An approved EDC application will be included in leasing documentation in the 

event that the LRA will obtain a lease in furtherance of conveyance (see 

Chapter 5, Leasing for Reuse).

7.4 CONSIDERATION

7.4.1 Guidelines for determining terms and conditions

In negotiating the terms and conditions of consideration with the LRA, the 

Secretary of the Military Department must determine that a fair and reasonable 

compensation to the Federal Government will be realized from the EDC. The 

individual circumstances of each community and each base mean that the 

amount and type of consideration may vary from base to base. The regulations 

implementing EDCs give great flexibility to the Military Department to 

negotiate with the LRA and arrive at an appropriate arrangement. A base’s 

value may be high or low, depending on its particular circumstances. The range 

of the estimated present fair market value may be broad or narrow. The 

Department of Defense is required by Title XXIX of the National Defense 

Authorization Act for FY 1994 to obtain consideration within the estimated 

range of present fair market value or to justify why such consideration was not 

realized.

As stated above, the EDC application must propose general terms and 

conditions of the conveyance, as well as the amount and type of the 

consideration, a payment schedule, and projected date of conveyance. After 

reviewing the application, the Military Department has authority to enter into 

one of two types of agreements:

What will be the 

Service’s approach 

in reviewing the 

application?

How are the terms 

and conditions for 

payment 

considered?
Economic Development Conveyances

7-12 December 1997

• Consideration within the estimated range of present fair market value, as 

determined by the Secretary of the Military Department. The Military 

Department can be flexible about the terms and conditions of payment, and 

can provide financing on the property. The payment can be in cash or in 

kind, and can be paid at time of transfer or at a time in the future. The 

Military Departments have the flexibility to enter into agreements that 

specify the form, amount and timing of consideration and ensure that 

consideration is within the estimated range of fair market value at the time of 

application. Such methods of payment could include: participation in the 

gross or net cash flow, deferred or triggered payments, mortgages, or other 

financing arrangements. For examples of financing options, see Section 7.4.3.

• Consideration below the estimated range of fair market value, where 

proper justification is provided. If the Secretary of the Military Department 

finds a discount necessary to foster local economic redevelopment and job 

creation, the amount of consideration can be below the estimated range of 

fair market value. Again, the terms and conditions of payment may be 

flexible to accommodate reasonable redevelopment requirements and will be 

negotiated between the Military Department and the LRA.

The terms and conditions should recognize the time value of money, and should 

offer incentives for early payment. If the consideration calls for payment at 

some time in the future and accrual and payment of interest is not included in 

the terms, it will be considered a discounted conveyance and proper 

justification must be given.

7.4.2 Justification for discount

• Where property is transferred under an EDC at an amount less than the 

estimated range of fair market value, the Military Department shall prepare 

a written explanation of why the consideration was less than the estimated 

range of present fair market value.

• The LRA is given an opportunity to make its case for a discount in its 

application. The most important consideration for a discount from estimated 

fair market value is job creation: an LRA must demonstrate that the 

discount is needed to spur job creation. The LRA must show that it will 

immediately put the property to productive use and, as a result, cannot 

afford to pay the same price as a speculator would who would hold the 

property until the market demand increased.

• Proper justification shall be based upon the findings in the business/ 

operational plan contained in the EDC application. Development economics, 

including absorption schedules and legitimate infrastructure costs, would 

provide a basis for such a discount by demonstrating that without such 

discount, the development would not occur at this time. An inability to pay 

at time of conveyance or to obtain financing would not be a proper 

justification since payment can be deferred and terms and conditions can 

be negotiated.

What justification is 

necessary to receive 

a discounted EDC?
DoD Base Reuse Implementation Manual

December 1997 7-13

7.4.3 Rural bases

Any EDC approved by the Secretary of the Military Department for a base that 

is not within a Metropolitan Statistical Area (MSA, as defined by the Office of 

Management and Budget) shall be conveyed at no cost if the Secretary 

concerned determines that the base closure will have a substantial adverse impact

on the economy of the communities in the vicinity of the installation and on the 

prospect for economic recovery. An LRA may be able to reduce the 

information requirements for its rural application following consultation with 

the Military Department. At a minimum, such an application must still include 

a job generation schedule and a limited business/operational plan. In bases 

located outside an MSA:

• A closure will be determined to have a substantial adverse impact on the 

economy of the communities in the vicinity of the installation if OEA has 

made a determination under 10 U.S.C. 2391 that the closure is likely to have 

a direct and significant adverse consequence on the community. The OEA 

Project Manager can provide information about whether such a 

determination has been made. Absent an OEA determination, a community 

will not be eligible for a rural, no-cost EDC. 

• The Military Department should work closely with the LRA to learn of the 

local conditions affecting reuse and identify local economic indicators that 

would substantiate a finding that the base closure will have a “substantial 

adverse impact on the prospect of economic recovery.” The LRA will 

provide such information in its application to assist the Military Department 

with its determination.

7.4.4 Financing

The Military Department may negotiate any appropriate mechanism with the 

LRA that provides fair and reasonable compensation to the Federal 

Government. The Secretary of the Military Department will review the 

compensation arrangement to ensure that there is a reasonable prospect of 

payment.

CASH PAYMENT AT TIME OF TRANSFER

Cash payment at the time of transfer will generally happen for one of the 

following reasons:

— The LRA finds a major or single user willing to make an initial cash 

payment to the LRA.

— The LRA has a source of dollars with no repayment or with payment 

terms more favorable to the project than the terms of the Military 

Department.

— There is the opportunity for significant up-side potential in the 

redevelopment of the facility.

DEFERRED PAYMENT

— Note. Unless the property is being transferred at no cost or for a cash 

payment at the time of transfer, there will be a Note between the Military 

Department and the LRA. A Note is a promise to pay, at a future date, a 

What financing 

options are available 

for an EDC?
Economic Development Conveyances

7-14 December 1997

specific amount with specific terms. For example, a Note between a 

Military Department and the LRA could be for a purchase price of 

$4 million for the property with no payment due or interest accruing until 

the fifth year after the sale, at which time the loan for the purchase price 

would begin to amortize over a 20-year term at seven percent interest per 

annum. The loan could be structured to require payment on a regular 

schedule for the next 10 years, with a balloon payment at the end of the 

term for the remaining unpaid balance of the loan.

The terms of the Note are negotiated between the parties based primarily 

on the economics of the transaction and the capacity of the buyer to pay 

the seller from project cash flow.

♦ Deferred payment (in cash or in kind). A deferred payment is a 

future payment that is normally defined in a Note between the LRA 

and the Military Department. The Note will normally be secured by a 

mortgage, deed of trust, or other acceptable security arrangement on 

the property being financed. The two examples of completed EDCs 

described in Section 7.5 demonstrate the range of possible deferredpayment arrangements. At Norton Air Force Base, the payment is 

dependent on gross income or sale, with payment terms specified for 

specific parcels.

Example: Balloon Note

Purchase Price $4,000,000

Payments, Years 1–5 None

Payments, Years 6–15 $377,571 yearly

Balloon payment due Year 15 2,651,905

Payment based upon 20-year amortization,

7% note $377,571

Principal reduction, Years 1–10 $1,348,095

Remaining balance $2,651,905

— Subordinated notes. Holders of subordinated notes are in a junior 

position to another lender with regard to the assets being financed. 

Subordinated notes are also known as Second Mortgages and Junior 

Lienholders. Being in a subordinated position means that in the event 

that a foreclosure occurs, the junior lienholder will be paid only the 

amount available after the senior lienholder has been paid. Payment of a 

note or mortgage can also be subordinated and the position of the lien can 

be moved to encourage additional investment. This is often termed a 

“soft” second mortgage and could be used as an effective way to 

encourage private investment to make the necessary infrastructure 

investments needed at many closing bases. The Military Departments 

should be willing to accept a subordinated position if doing so will help 

redevelopment.
DoD Base Reuse Implementation Manual

December 1997 7-15

PARTICIPATION IN THE CASH FLOW AND PARTICIPATION IN RESIDUALS AND BENEFITS OF 

SYNDICATION

— Partnership Model. When the Military Department receives its payment 

from cash flow, the Department functions like a partner with the LRA in 

the ownership of the property. Like any owner of real estate, the 

Department would receive its return from cash flow. No specific 

payment or return would be guaranteed to the Department. This is the 

highest-risk involvement for the Department, but it also has the highest 

potential for return because the Department shares in the up-side 

potential of the development.

— Net Profit Model. When the Military Department receives payment from 

net profits, it receives payment from the residuals of sales or refinancing. 

The net profits of sales or refinance are typically called “net proceeds.” 

Net proceeds are defined as all proceeds from a sale less repayment of 

debt not being assumed by the buyer; normal costs associated with sale; 

and pre-agreed-upon expenses or returns to the LRA. In terms of 

refinancing, net proceeds represent the cash received from the issuance of 

new debt and the payment of debt being refinanced.

— Syndication Model. Depending on the real estate market, current tax 

laws, and Federal tax credits, the LRA may, at a point after the 

conveyance, create a Limited Partnership for the purpose of generating 

cash for the development with no financial repayment schedule. A 

Limited Partnership is a partnership that consists of a General Partner—

usually the developer, and in this case, the LRA—and Limited Partners 

who invest for return (cash flow) and tax benefits. The partnership is 

managed by the General Partners, and the Limited Partners are passive 

investors.

♦ An LRA with a base that contains many old certified historic buildings 

may consider the formation of or transfer to a series of individual 

Limited Partnerships as a means of generating cash for investment in 

the renovation or as repayment to the Military Department.

7.5 CASE STUDIES OF TWO SUCCESSFUL EDCS

The following are case studies of how two successful EDCs were completed. 

They are provided by way of example, and in no way should they be viewed as 

the only appropriate terms for an EDC. Remember, there is no single way to 

structure an EDC or a cookie-cutter answer that applies in all cases. 

7.5.1 Sacramento Army Depot

Sacramento Army Depot (SAAD) was announced for closure in 1991. Initially, 

the reuse planning process was leading toward a reuse scenario in which a 

majority of the property would be retained by the Department of Defense or 

conveyed at no cost for public benefit purposes. These uses would bring no 

revenue to the Army and in most cases would not contribute new jobs to the 

community. In November 1994 the City of Sacramento, Calif., the recognized 

LRA, submitted to the Army an application for an EDC of 400 acres of SAAD, 

following guidelines from the October 1994 final rule. Under the EDC, the City 

will lease 1.8 million square feet of the site to Packard Bell Electronics, which is 

Are there examples 

of successful uses 

of an EDC?
Economic Development Conveyances

7-16 December 1997

projected to employ approximately 3,000 persons with an annual payroll of $60–

80 million. The secondary impact of Packard Bell’s activities is expected to 

result in an additional 2,000–2,500 jobs.

The purchase price of $5 million is based on estimates of the fair market value of 

the property, which ranged from $4.2 million to $6.2 million. In addition to the 

payment to the Army, the City will contribute $1.4 million for on-site 

infrastructure upgrades and $2.4 million for off-site improvements. Based on 

terms of a lease-purchase agreement negotiated between the LRA and Packard 

Bell Electronics, $17 million in building improvements will be financed by loans 

guaranteed by the City of Sacramento, with Packard Bell responsible for 

repaying those loans over the initial years of site occupancy. Packard Bell will 

pay a rental rate above the estimated fair market value, because the State of 

California passed special legislation allowing SAAD tenants to receive State tax 

credits that offset the higher occupancy costs. At Year 10, Packard Bell has an 

option to buy the property they are occupying, which has now increased in 

value because of improvement loans guaranteed by the LRA. The LRA has 

based their $6.8 million second trust deed offer at Year 10 on the revenue 

expected from Packard Bell’s purchase options.

Terms of the Sacramento Army Depot EDC

Price: $5 million

Discount: 3% per annum financing

Financing:

· Duration: 10 years

· Principal Payments: Lump-sum payment of $6.8 million in Year 10

· Security:

–Subordination: Army holds second-trust deed

–Partial Releases: Second trust may be paid early if tenant exercises 

purchase option before Year 10 

Utility systems and personal property are being conveyed to the City along with 

the real property. Conveyance of the utility systems confers responsibility to 

the City for their improvement or transfer to utility companies while 

minimizing the Army’s caretaker requirements. The personal property items 

generally fall into three categories: furniture, computer equipment, and support 

equipment. The furniture consists primarily of office furnishings that make the 

office areas useful, and that were more cost-effective for the Army to transfer in 

place. Computers were somewhat outdated with only nominal market value, 

but may be useful for small companies or training. Support equipment will be 

used by the LRA to maintain common areas and thus the Army will not need to 

maintain a caretaker workforce.

7.5.2 Norton Air Force Base

Norton Air Force Base, located in San Bernardino, Calif., was announced for 

closure in 1988. The Inland Valley Development Authority (IVDA), the 

recognized LRA, requested approximately 580 acres at Norton AFB under an 

EDC. This property comprises the vast majority of the remaining Federal 

property at Norton AFB—the airfield and associated property were disposed of 

as part of a public airport conveyance on January 19, 1994.
DoD Base Reuse Implementation Manual

December 1997 7-17

The IVDA provided a redevelopment plan with the potential for the creation of 

1,000 jobs in the near term. The first interim final rules for EDCs, issued in 

April 1994, were used in evaluating the proposal. Based on the Air Force’s 

evaluation, a Secretarial determination was issued to support the application. 

The Disposal Record of Decision was supplemented to reflect the EDC.

The purchase price essentially reflects the estimated fair market value as 

determined by an appraisal. The duration of financing (15 years) was initially 

adopted from the terms of the EDC envisioned in the April 1994 interim final 

rule and, although no particular duration is mandated by the latest version of 

the rule, the period was acceptable to the IVDA and the Air Force. The terms of 

payment were also based on the April 1994 EDC rule, which provided for a 

60%/40% split of the net profits. However, because it was perceived that the 

accounting system required to verify proper application of expenses would be 

too burdensome, the parties ultimately agreed to a split of gross rents. Two 

additional terms were included to provide further assistance to redevelopment 

efforts: the Air Force agreed to subordinate its security interest to commercial 

construction loans and established a mechanism for the IVDA to obtain partial 

releases of property from the purchase-money lien that would encumber the 

property. In addition, as directed by the EDC rules, the standard excess profits 

covenant was incorporated into the transaction. Since this covenant has the 

potential to stifle property sales, its duration was limited to three years, the 

regulatory standard and perceived minimum.

Terms of the Norton Air Force Base EDC

Price: $52 million

Discount: 0% financing

Financing:

· Duration: 15 years

· Principal Payments: 40% of gross rents for 15 years with a balloon payment of 

any remaining debt due at the end of the 15th year (plus 

incremental payments of 100% of the proceeds from the 

sales of the property)

· Security: Debt to be evidenced by a Promissory Note and secured 

by a purchase money Deed of Trust

–Subordination: First Lien to be subordinated to construction loans only 

with payoff of Air Force interest with take-out or 

permanent financing

–Partial Releases: Partial reconveyances (free of lien) for payment of an 

agreed release price or net sales price, whichever is 

greater

These terms were found to be consistent with the intent of the EDC. In general, 

they enabled the IVDA to obtain the property at no initial consideration and 

with payment obligations tied directly to the success of their efforts. 

Furthermore, assuming a successful redevelopment effort, the terms encourage 

the IVDA to “buy out” the Air Force’s interest as soon as economically feasible. 

Payments to the Air Force of 40 percent of gross rents will likely exceed the debt 

service payments required if the property were financed through more 

conventional means, which will make conventional financing attractive when a 

steady tenant base has been established. Likewise, agreeing to subordinate only 

to construction loans and requiring a buy-out when take-out financing is 
Economic Development Conveyances

7-18 December 1997

obtained should result in incremental, but steady, partial reconveyances. All of 

which should contribute to the Air Force’s receiving the purchase price before 

the 15th year.

Five documents are required to consummate the transaction: a contract 

(purchase and sale agreement); promissory note; deed of trust; quitclaim deed; 

and long-term lease in furtherance of conveyance. This array is necessary since 

most of the property is undergoing environmental remediation and Section 120 

of the Comprehensive Environmental Response, Compensation, and Liability 

Act precludes immediate deed transfer. The contract provides that the IVDA 

must take full ownership when the Air Force can make the necessary covenants, 

but that the IVDA will enter into immediate possession under the long-term 

lease. When the Air Force is able to transfer by deed, the quitclaim deed and 

deed of trust will also be executed.

The long-term lease in furtherance of conveyance is similar to that used in other 

public benefit conveyance transactions. It differs to the extent necessary to 

make it consistent with the larger transaction, and includes a consideration 

(rents) provision that mirrors the 60%/40% split indicated in the contract and 

provides that all rents will be used to retire the debt evidenced by the 

Promissory Note. From a payment perspective the transition from lease to deed 

should appear seamless. And, the IVDA is not prejudiced by the Air Force’s 

inability to immediately transfer the property by deed.
December 1997 8-1

8

Leasebacks

8.1 INTRODUCTION

8.1.1 Legislative history

Large parcels of surplus BRAC property are frequently conveyed to an LRA for 

use in accordance with the LRA’s redevelopment plan. But, because Federal 

users have priority claim on this property, small parcels or even individual 

buildings within or adjacent to the large parcel may be claimed by a Federal 

entity. Should the Federal entity depart at some point in the future, the 

property would be disposed of by the General Services Administration in 

accordance with the Federal Property and Administrative Services Act. This 

subsequent Federal action can disrupt local economic recovery efforts by 

requiring the community to go through another lengthy Federal real property 

disposal process, and could result in uses that are incompatible with the 

community’s redevelopment plans.

Congress recognized that this piecemeal approach could be harmful to longrange planning and development opportunities and changed the law to enable 

more community control over redevelopment while still allowing the Federal 

Government the ability to utilize Government property without additional 

costs. Section 2837 of the National Defense Authorization Act for FY 1996 (Pub. 

L. 104-106) granted the Department a new property conveyance authority 

called a leaseback. 

Frequently Asked Questions About Leasebacks

‚ What is a leaseback? Section 8.1

‚ When should a leaseback be used? Section 8.1

‚ Can a Military Department transfer property to an LRA and then

 lease it back for its own use? Section 8.1

‚ Who is eligible to apply for a leaseback? Section 8.1

‚ Are Federal and homeless screenings required before 

transferring property under a leaseback? Section 8.2

‚ How does an LRA apply for a leaseback? Section 8.3

‚ How is leaseback property conveyed? Section 8.4

‚ What terms are required in the lease? Section 8.5
Leasebacks

8-2 December 1997

8.1.2 A new conveyance method—LRA property ownership while 

meeting Federal needs

A leaseback is when the Department of Defense transfers nonsurplus BRAC 

property (property that is still needed by a Federal Department or Agency) by 

deed or through a lease in furtherance of conveyance to an LRA. The transfer 

requires that the LRA lease the property back to the Federal Department or 

Agency for no rent to satisfy a Federal need for the property. By law, only 

property at BRAC ’91, ’93, and ’95 sites can be transferred under this authority. 

8.1.3 Appropriate uses of a leaseback

The leaseback authority is designed to be used in those situations where small 

parcels or individual buildings needed by a Federal entity are surrounded by, or 

adjacent to, a large parcel of property which will be conveyed to the local 

community. This authority is not intended to be used to convey property that is

needed by DoD or another Federal entity that is easily segregated from the rest 

of the property being conveyed to the community for redevelopment purposes. 

The leaseback authority is especially useful when a Federal entity only requires 

use of part of a building or structure. In these cases, DoD would transfer the 

entire building or structure to the LRA and the LRA would lease back only part 

of the building or structure to the Federal tenant. 

A Military Department cannot transfer property to an LRA and then lease it 

back unless it is acting in an executive agent capacity on behalf of a Defense 

Agency. Or, if the Military Department transfers property it will be leasing back 

for its own use, the Service Secretary must certify that the transaction is in the 

best interest of the Military Department. In making this determination, the 

Service Secretary should consider financial, mission, as well as property 

concerns. In all cases, the leaseback transfer must be consistent with the 

recommendations of the Defense Base Closure and Realignment Commission. 

In other words, when the Military Departments lease property at a closing or 

realigning installation, it is considered a property retention and should be 

treated as such. Guidance for the Military Departments on the procedures for 

making determinations on property retentions, including the size of cantonment 

areas, can be found in Section 3.2.1.

8.1.4 Other options to satisfy Federal property needs

The Federal Property and Administrative Services Act of 1949 gives Federal 

Departments and Agencies priority on the use of excess property, including 

property at base realignment and closure sites. The leaseback authority does 

not eliminate this “right of first refusal” to obtain ownership of property. As a 

result, the Department of Defense cannot require Federal Agencies to give up 

right of ownership in favor of a leasehold interest. Accordingly, the Military 

Department should not transfer property using the leaseback authority until it 

receives written consent from the prospective Federal tenant that it agrees to a 

leaseback arrangement. In addition, a leaseback will only be considered by a 

Federal Department or Agency upon the request of the LRA. If a leaseback is 

requested by the LRA, Federal Agencies are urged to give full consideration to 

leasing instead of owning the property. 

 In some cases, the LRA will not request a leaseback transfer or the Military 

Department or Federal Agency will not agree to a leaseback arrangement. If 

property that will be used by a Federal Department or Agency is not transferred 

What is a 

leaseback?

When should a 

leaseback be used?

Can a Military 

Department transfer 

property to an LRA 

and then lease the 

property back for its 

own use?
DoD Base Reuse Implementation Manual

December 1997 8-3

to the LRA under a leaseback and then leased back to the Federal entity, the 

Military Department will retain the property, or transfer it directly to another 

Federal entity under the normal Federal-to-Federal transfer procedures, as 

appropriate. 

8.1.5 Eligible leaseback recipient

A recognized LRA is the only entity eligible to receive property under a 

leaseback. After receiving property under a leaseback, an LRA is authorized to 

transfer ownership rights to one of the political jurisdictions that comprise the 

LRA. An LRA may also transfer ownership rights to other entities after 

obtaining the written consent of the Federal Agency occupying the property.

Transferring ownership to another entity may be useful in those situations when 

the leaseback property lies within or adjacent to property that has been 

conveyed to an entity other than the LRA (e.g., an airport authority or private 

developer).

8.2 DETERMINING POSSIBLE LEASEBACK TRANSFERS

8.2.1 Step 1 - Federal screening

Any property conveyed under a leaseback must first be screened for other DoD 

and Federal uses in accordance with 32 CFR Part 175, because only property 

that has been approved by the applicable Military Department for use by 

another Federal Department or Agency is eligible to be transferred under a 

leaseback. Property retentions at realigning installations are also eligible for 

leaseback conveyance provided the retention is consistent with the 

recommendations of the Defense Base Closure and Realignment Commission. 

For more information on the DoD and Federal screening process, see Chapter 3. 

Federal Agencies that express an interest in BRAC property outside of the 

Federal screening process may, if the LRA is interested, lease property from the 

LRA that has been leased or transferred to the LRA under other authorities. In 

these cases, none of the lease restrictions associated with a leaseback apply. The 

Federal Agency must have the authority to lease property from the LRA. 

8.2.2 Step 2 - Excess and surplus determination

As part of the Federal screening process, the Military Department makes the 

excess and surplus determinations, as appropriate. Normally, property that will 

be conveyed to the community for redevelopment purposes is declared surplus. 

But, by definition, property identified in the screening process as needed by 

another Federal entity is not surplus property. Accordingly, property that will 

transferred to an LRA under the leaseback authority should not be declared 

surplus by the Military Department. Due to a lack of clear guidance on this 

issue prior to the publication of the proposed rule implementing this authority, 

some Military Department officials determined that property to be transferred 

under a leaseback should be declared surplus. If the property to be transferred 

has been declared surplus, the Military Department may withdraw the surplus 

declaration. For information about the procedures for withdrawing an 

excess/surplus declaration, see Section 3.2.3.

Who is eligible to 

apply for a 

leaseback?

Are Federal and 

homeless 

screenings required 

before transferring 

property under a 

leaseback?
Leasebacks

8-4 December 1997

8.2.3 Step 3 - Initial discussions 

The excess/surplus determination marks the start of the LRA’s local reuse 

planning process as described in Chapter 3. During this time, the LRA should 

decide which parcels of property that are still needed by the Federal 

Government, if any, the LRA would like conveyed through a leaseback. The 

LRA should approach the applicable Federal Agency regarding its desire to 

lease back property and begin preliminary discussions on the terms of the lease 

agreement. 

8.2.4 Step 4 - The Redevelopment Act process 

In its application to HUD, as required by the provisions of the Redevelopment 

Act, the LRA should outline any information available regarding what parcels 

the LRA plans to request be transferred under a leaseback. This should include 

any preliminary information regarding the terms of the lease that have been 

agreed upon by both the LRA and Federal Agency. HUD will take a possible 

leaseback of property into consideration during its review of the LRA’s 

application. The Redevelopment Act process, including the State and local 

screening process, the development of the redevelopment plan, and the LRA’s 

application to HUD, is discussed in more detail in Sections 3.4 and 3.5.

8.3 REQUESTING A LEASEBACK

LRAs that are interested in obtaining property under a leaseback should, as 

soon as possible after the Military Department’s excess/surplus determination, 

discuss this option with the applicable Military Department and the Federal 

Department or Agency which requires use of the property. In addition, as 

discussed above, the leaseback should be incorporated into the LRA’s 

redevelopment plan. An LRA that has already submitted a redevelopment plan 

may still be able to take advantage of a leaseback if the LRA can reach an 

agreement with the Federal Department or Agency, and the Military 

Department has not progressed too far toward conveyance of the property 

under another authority. 

LRAs should make a formal request for a leaseback transfer as soon as possible 

after submission of the redevelopment plan to DoD and HUD. The content of 

this request will be based upon whether the LRA is pursuing an EDC. 

8.3.1 LRAs that are pursuing an EDC

If the LRA is pursuing an EDC, a leaseback transfer should be requested as part 

of the LRA’s EDC application. To address the leaseback of property, the LRA 

will be required to include several items in addition to the EDC application 

items outlined in Chapter 7, Section 7.2. These items are:

• A description of the parcel or parcels the LRA proposes to have transferred 

to it and then lease back to a Federal Department or Agency.

• A written statement signed by an authorized representative of the Federal 

entity that it agrees to accept a leaseback of the property.

• A statement explaining why a leaseback is necessary for the long-term 

economic redevelopment of the installation property.

How does an LRA 

apply for a 

leaseback?
DoD Base Reuse Implementation Manual

December 1997 8-5

8.3.2 LRAs that are not pursuing an EDC

If the LRA is not pursuing an EDC, the LRA will be required to submit a request 

for a leaseback to the applicable Military Department. The request should 

contain, at a minimum, the items listed in Section 8.3.1. If necessary, the 

Military Department may impose additional requirements. 

8.4 PROPERTY CONVEYANCE

After a disposal Record of Decision has been issued for the property, but before 

deed transfer, the leaseback property can be leased (using a lease in furtherance 

of conveyance) to the LRA who would then sublease it back to the Federal 

Department or Agency. Alternatively, the Military Department can grant the 

Federal Department or Agency a permit to use the property until deed transfer 

can be accomplished. When deed transfer can be accomplished, leaseback 

property can be conveyed in one of two ways: 

• An EDC leaseback conveyance where leaseback property is conveyed as part 

of an EDC. 

• A stand-alone leaseback conveyance where leaseback property is conveyed as a 

stand-alone parcel.

8.4.1 EDC leaseback conveyance

As described in Section 8.3.1, LRAs that are pursuing an EDC should request a 

leaseback transfer in the EDC application. The leaseback property will be 

appraised as a package with the EDC property and consideration will be 

determined following existing EDC guidelines. 

8.4.2 Stand-alone leaseback conveyance

For those sites where the LRA is not pursuing an EDC, the Department 

recognizes that the LRA may still be interested in taking advantage of a 

leaseback. Since the leaseback authority is a transfer authority, the Military 

Departments have the ability to transfer leaseback property as a stand alone 

parcel or parcels not tied to any other conveyance.

For stand-alone leaseback conveyances, the Military Department is required to 

determine the estimated present fair market value of the property before it is 

transferred to the LRA. Consideration may be at or below the estimated present 

fair market value and payments may be in cash or in-kind. As with EDCs, if the 

installation is in a rural area, the transfer shall be without consideration if the 

base closure will have a substantial adverse impact on the economy of the 

communities in the vicinity of the installation and on the prospect for their 

economic recovery.

The exact amount of consideration, or the formula to be used to determine the 

amount of consideration, as well as the schedule for payments, must be agreed 

upon in writing before the transfer. 

How is leaseback 

property conveyed?
Leasebacks

8-6 December 1997

8.5 LEASE TERMS

8.5.1 General guidance

The terms of a lease under the leaseback authority should be negotiated 

between the LRA and the Federal entity. It is the responsibility of the LRA to 

offer the Federal Department or Agency lease arrangements that encourage 

choosing the leaseback option. The goal should be to offer terms that afford the 

Federal tenant rights as close to those associated with ownership of the property 

as is practicable. If the Federal Agency is a current tenant, the lease should, to 

the greatest extent possible, maintain the roles and responsibilities of the Federal 

government that existed prior to transfer of title to the LRA. 

8.5.2 Statutory and regulatory requirements

The following statutory and regulatory requirements apply with respect to the 

LRA’s lease to the Federal tenant:

• Lease term: The LRA’s lease to the Federal entity may be for a term of no 

more than 50 years, but may provide for options to renew or extend the 

term of the lease at the request of the Federal entity. Within these statutory 

limitations, the length of the lease term should be tied to the needs of the 

Federal tenant. 

• End of Federal need before end of lease term: All leases must include a 

provision specifying that should the Federal tenant no longer need the 

property before the end of the lease term, the remainder of the term may be 

satisfied by another Federal Department or Agency. The use of the property 

by the new Department or Agency must be similar to the use under the 

original lease and, like the use under the original lease, be compatible with 

the LRA’s redevelopment efforts. 

• Rent: The LRA may not charge rent.

• Transferring ownership: The lease must include a provision prohibiting 

the LRA from transferring ownership rights to another entity (other than 

one of the political jurisdictions that comprise the LRA) during the term of 

the lease without the written consent of the Federal Department or Agency 

occupying the leaseback property.

• Municipal services: The Federal Government cannot be required to pay for 

municipal services (e.g., fire protection, police protection, snow removal) 

that are normally provided by the locality using tax revenues. 

• Other services: The Federal entity may pay for other services such as 

maintenance and repair, utilities, janitorial, grounds keeping, and similar 

services often provided by a landlord. If these services are the 

responsibility of the Federal tenant, they must be acquired in accordance 

with standard Federal Acquisition Regulation procedures or otherwise in 

accordance with applicable statutory and regulatory requirements. Such 

charges must be for services actually provided to the Federal tenant and at 

rates no higher than for non-Federal entities. 

What terms are 

required in the 

lease?
DoD Base Reuse Implementation Manual

December 1997 8-7

• State and local codes: The LRA will be responsible for building 

modifications or other actions necessary to meet local building codes or 

other state or local laws. The Federal tenant may pay for the modifications 

only to the extent that such modifications would be necessary if the Federal 

tenant owned, rather than leased, the property. 

• Improvements: The lease shall provide that the Federal tenant may repair 

and improve the property at its expense after consultation with the LRA.

8.5.3 Applicability of existing Federal leasing authorities and 

requirements

The General Services Acquisition Regulation (GSAR) does not apply to a lease 

under the leaseback authority. However, to the extent these regulations are not 

inconsistent with the intent of the leaseback authority and the guidance 

provided in this Chapter, they may serve as a useful source of information and 

guidance.

The leaseback authority is a property transfer authority. It does not affect a 

Federal Department or Agency’s leasing authorities. Those Federal entities who 

do not have the authority to lease property, but would like to lease back 

property transferred under this authority, must work through GSA to negotiate 

and secure a lease with the LRA. As an alternative, a Federal entity may request 

a delegation of authority from GSA to enter into a lease with the LRA. Leasing 

authority will be delegated from GSA to Federal entities on a case-by-case basis. 

In addition, a Military Department, acting in an Executive Agency capacity, may 

lease property on behalf of a Defense Agency.

8.6 END OF FEDERAL USE

When the Federal entity that is occupying the leaseback property no longer 

requires use of the property, one of two things will happen: 

(1) If the Federal entity no longer requires use of the property before the end of the 

lease term, another Federal entity can serve out the term of the lease. Although 

no formal screening is required, the GSA will assist in identifying other Federal 

interest in leasing the property. In this case, the Federal entity serving out the 

remainder of the lease term must use the property for a use similar to the 

original Agency’s use of the property. Before exercising this option, the Federal 

tenant is required to consult with the LRA or the elected body with jurisdiction 

over the property if the LRA no longer exists. If ownership of the leaseback 

property has been transferred to another entity, the Federal tenant must consult 

with that entity. 

(2) If the Federal entity no longer requires use of the property after serving out 

the lease term and any possible renewals, there is no requirement to screen for 

additional Federal interest. Instead, the property would immediately become 

available for use by the LRA.
Leasebacks

8-8 December 1997

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December 1997 A-1

Appendix A

Laws and Regulations Affecting 

Base Reuse Implementation

The Defense Authorization Amendments and Base Closure and Realignment 

Act of 1988 (BCRA 88, Title II of Pub. L. 100-526, 10 U.S.C. § 2687 note), and the 

Defense Base Closure and Realignment Act of 1990 (DBCRA 90, Part A of Title 

XXIX of Pub. L. 101-510, 10 U.S.C. § 2687 note), establish the basic requirements 

for identifying and implementing domestic military base closures and 

realignments. 

Since their enactment, the base closure laws have been amended and 

supplemented by several key statutes, including:

• The National Defense Authorization Act for Fiscal Years 1992 and 1993 

(NDAA 92/93, Pub. L. 102-190).

• The National Defense Authorization Act for Fiscal Year 1993 (NDAA 93, 

Pub. L. 102-484).

• The National Defense Authorization Act for Fiscal Year 1994, which 

includes the Base Closure Community Assistance Act, the “Pryor 

Amendments,” as Title XXIX (NDAA 94, Pub. L. 103-160).

• The National Defense Authorization Act for Fiscal Year 1995 (NDAA 95, 

Pub. L. 103-337).

• The Base Closure Community Redevelopment and Homeless Assistance Act 

of 1994 (“Redevelopment Act,” Pub. L. 103-421).

Collectively, these laws contain provisions that authorize or require the 

Secretary of Defense to take actions to initiate and implement base realignment 

and closure (BRAC) decisions. Installations affected by BRAC decisions are 

referred to as BRAC installations. In addition, these laws identify other 

applicable legal authorities, thereby creating the current system of rules that 

govern base reuse implementation.
Laws and Regulations Affecting Base Reuse Implementation

A-2 December 1997

Provisions in the laws listed above authorize the Secretary of Defense to:

• Provide assistance to communities that experience adverse economic 

circumstances as a result of base closures or realignments.

• Work with local redevelopment authorities (LRAs) to identify and 

implement means of reutilizing or redeveloping BRAC installations.

• Designate a Base Transition Coordinator for each closing base to facilitate 

base reuse implementation.

• Ensure that the needs of the homeless within the local community are taken 

into consideration during redevelopment planning.

• Complete Federal, State, and local screening of excess and surplus real 

property within clearly specified timeframes.

• Inventory and transfer personal property to recipients of real estate under 

certain circumstances.

• When necessary to support economic redevelopment, convey items of 

personal property directly to LRAs.

• Complete environmental impact analysis activities within specified times to 

support disposal decision making.

• Maintain minimum levels of maintenance and repair necessary to support 

non-military reuse for specific time periods.

• Lease property to LRAs at less than fair market rental value when it is in the 

public interest.

• Convey real and personal property to LRAs at less than fair market value 

when appropriate to support economic redevelopment and when other 

authorized disposal methods cannot meet that goal.

• Establish separate transfer accounts to fund, and receive proceeds from, 

base reuse implementation activities.

Specific laws referenced in BCRA 88 and DBCRA 90, as amended by NDAA 94, 

and BCCRHAA 94 include the following:

• The Stewart B. McKinney Homeless Assistance Act, as amended 

(McKinney Act) [42 U.S.C. § 11301 et seq.], governs the identification and 

utilization of buildings and property that are suitable for homeless 

assistance on many BRAC 88, BRAC 91 and BRAC 93 installations. BRAC 

95 bases have been specifically exempted from the provisions of the 

McKinney Act and are only subject to the provisions of the Redevelopment 

Act.
DoD Base Reuse Implementation Manual

December 1997 A-3

• Sections 203 and 204 of the Federal Property and Administrative Services 

Act of 1949, as amended (FPASA or “49 Act”) [40 U.S.C. §§ 483, 484], 

govern the utilization of excess Federal property and the disposal of surplus 

Federal property.

• Public Law 103-272 (1994), which recodified Section 13(g) of the Surplus 

Property Act of 1944 (SPA or “44 Act”) [49 U.S.C. §§ 47151–47153], governs 

the disposal of surplus Federal property for use as a public airport. 

[formerly codified at 50 U.S.C. App. § 1622(g)].

• The Act of May 19, 1948, as amended [16 U.S.C. § 667b–d], governs the 

transfer of Federal property to State agencies, or to the Department of the 

Interior, for wildlife conservation purposes.

• The National Environmental Policy Act of 1969, as amended (NEPA) 

[42 U.S.C. § 4321 et seq.], requires the Federal Government to assess the 

potential environmental impacts of its proposed action to dispose of surplus 

Federal property prior to making final disposal decisions.

• Section 120 of the Comprehensive Environmental Response, 

Compensation, and Liability Act, as amended (CERCLA) 

[42 U.S.C. § 9601 et seq.], governs:

— Responses to releases of hazardous substances, pollutants, or 

contaminants.

— Deed notification and covenant and lease notification requirements for 

property transfer at BRAC installations. [Note: In some cases, property 

can now be transferred to private parties before remedial action has been 

taken and the covenant requirements have been fulfilled.]

• Other applicable statutes that protect natural and cultural resources and 

govern environmental responses on Federal lands.

The above statutes, their implementing regulations, and the provisions of 

BCRA 88, DBCRA 90, NDAA 92/93, NDAA 93, NDAA 94, NDAA 95 and the 

Redevelopment Act listed above, define the basic legal framework for base 

reuse implementation. This legal framework is depicted in Figure A-1, which 

identifies the two base closure laws, and other relevant laws or categories of 

laws (including certain statutory references) that affect base reuse 

implementation.

The statutes and regulations shown in Figure A-1 are summarized for easy 

reference in Table A-1. Table A-1 also includes items not depicted on 

Figure A-1 as well as pertinent Department of Defense (DoD) directives (not 

shown in Figure A-1) and other regulations that provide guidance for 

implementing the Federal requirements. Table A-2 summarizes the legal 

authorities governing the disposal of surplus Federal property. Table A-3 

identifies deadlines that have been established by Federal law to encourage 

timely completion of base reuse implementation and economic conversion.
Laws and Regulations Affecting Base Reuse Implementation

A-4 December 1997

Figure A-1. Legal Authorities Affecting Base Reuse Implementation
DoD Base Reuse Implementation Manual

December 1997 A-5

Table A–1. Legal Authorities Affecting Base Reuse Implementation

LAW/REGULATION/

AUTHORITY

DATE SUMMARY OF KEY PROVISIONS RESPONSIBLE 

AGENCY 

(REQUIREMENT)

Defense Authorization 

Amendments and Base 

Closure and Realignment Act 

of 1988 (BCRA 88), Pub. L. 100-

526, 10 U.S.C. § 2687 note

24 October 

1988

• Provides procedures to facilitate 

the closure and realignment of 

obsolete or unnecessary military 

installations

• Requires compliance with the 

FPASA, SPA, NEPA and 

environmental laws

• Calls for completion of all BRAC 

88 actions by 30 September 1995

Secretary of 

Defense, with 

delegated 

authority to the 

DoD Components 

(base closure and 

conversion 

implementation)

Defense Base Closure and 

Realignment Act of 1990

(DBCRA 90), Pub. L. 101-510, 

10 U.S.C. § 2687 note

5 

November 

1990

• Provides a process designed to 

result in timely closure and 

realignment of military 

installations

• Requires compliance with the 

FPASA, SPA, the May 19, 1948 

Act, environmental laws, and 

NEPA (but no EIS is required for 

closure)

• Requires that all BRAC 91 base 

closures and realignments be 

complete by 10 July 1997

Secretary of 

Defense, with 

delegated 

authority to the 

DoD Components 

(base closure and 

conversion 

implementation)

National Defense 

Authorization Act for Fiscal 

Years 1992 and 1993

(NDAA 92/93), 

Pub. L. 102-190 §§ 334(a), 2821, 

2827

5 

December 

1991

• Requires that Draft Final RI/FSs 

for BRAC 88 bases on the NPL 

be submitted to EPA by 

4 December 1993 (24 months). 

Draft Final RI/FSs for BRAC 91 

bases on the NPL must be 

submitted to EPA by 

4 December 1994 (36 months)

• Allows for a six-month 

extension under certain 

conditions

• Amended DBCRA 90 to clarify 

requirements of the Commission 

and to establish the BRAC 

account as the sole source of 

environmental restoration 

funding

DoD Components

National Defense 

Authorization Act for Fiscal 

Year 1993 (NDAA 93), 

Pub. L. 102-484

23 October 

1992

• Made funds available to the 

Economic Development 

Administration (EDA) for 

economic adjustment assistance 

with respect to base closures

Secretary of 

Defense

Defense 

Authorization Acts, 

including BRAC 

Statutes and 

amendments
Laws and Regulations Affecting Base Reuse Implementation

A-6 December 1997

Table A–1. Legal Authorities Affecting Base Reuse Implementation

LAW/REGULATION/

AUTHORITY

DATE SUMMARY OF KEY PROVISIONS RESPONSIBLE 

AGENCY 

(REQUIREMENT)

National Defense 

Authorization Act for Fiscal 

Year 1994 (NDAA 94), 

Pub. L. 103-160, Title 

XXIX, §§ 2901–2930; 32 CFR 

Parts 174, 175

30 

November 

1993

• Amends BCRA 88, DBCRA 90, 

10 U.S.C. § 2667, 

10 U.S.C. § 2391(b), FPASA, and 

NDAA 92/93

• Amendments are specific to 

personal property, real property 

screening, McKinney Act 

compliance, leasing, contracting 

with communities or 

small/disadvantaged 

businesses, transferring property 

at less than fair market value, 

and economic adjustment 

assistance

• Also contains provisions for 

base transition coordinators, 

CERCLA § 120(h)(4) compliance, 

and NEPA compliance

Secretary of 

Defense, with 

delegated 

authority to the 

DoD Components 

(base closure and 

conversion 

implementation)

National Defense 

Authorization Act for Fiscal 

Year 1995 (NDAA 95), Pub. L. 

103-337

5 October 

1994

• Provides assistance for public 

participation in Department of 

Defense environmental 

restoration activities

• Includes clarifying and technical 

amendments to BCRA 88 and 

DBCRA 90

Secretary of 

Defense, with 

delegated 

authority to the 

DoD Components 

(base closure and 

conversion 

implementation)

Base Closure Community 

Redevelopment and Homeless 

Assistance Act of 1994

(Redevelopment Act), 

Pub. L. 103-421; 32 CFR Part 

176

25 October 

1994

• Amends BCRA 88 and 

DBCRA 90

• Exempts BRAC 95 installations 

from the Stewart B. McKinney 

Homeless Assistance Act (others 

may request exemption)

• Establishes a new process for 

LRA accommodation of 

homeless assistance needs 

during redevelopment planning

Secretary of 

Housing and 

Urban 

Development; 

Secretary of 

Defense, with 

delegated 

authority to the 

DoD Components 

(base closure and 

conversion 

implementation)

National Defense 

Authorization Act for Fiscal 

Year 1996 (NDAA 96), Pub. L. 

104-106

10 

February 

1996

• Provides for longer term interim 

leases

• Amends the Redevelopment Act

• Establishes a new property 

transfer authority called a 

leaseback

• Allows DoD to transfer BRAC 

property in exchange for the 

construction of family housing

Secretary of 

Defense, with 

delegated 

authority to the 

DoD Components 

(base closure and 

conversion 

implementation)
DoD Base Reuse Implementation Manual

December 1997 A-7

Table A–1. Legal Authorities Affecting Base Reuse Implementation

LAW/REGULATION/

AUTHORITY

DATE SUMMARY OF KEY PROVISIONS RESPONSIBLE 

AGENCY 

(REQUIREMENT)

National Defense 

Authorization Act for Fiscal 

Year 1997 (NDAA 97), Pub. L. 

104-201

23 

September 

1996

• Restored authority for 

intragovernment transfers at 

BRAC 88 sites

• Allows DoD to contract for 

police and fire protection at 

facilities remaining on property 

not yet transferred

• Allows property to be 

transferred before cleanup is 

complete

Secretary of 

Defense, with 

delegated 

authority to the 

DoD Components 

(base closure and 

conversion 

implementation)

Federal Property and 

Administrative Services Act

(FPASA), 

40 U.S.C. § 471 et seq.; 

Federal Property Management 

Regulations, 

41 CFR Part 101-47

(Real Property) and 

41 CFR Parts 101-43–101-45 

(Personal Property)

30 June 

1949

Provides a mechanism for:

• the utilization of excess Federal 

property

• the disposal of surplus Federal 

property

• the procurement and supply of 

personal property and nonpersonal services

• records management

General Services 

Administration, 

with partial 

delegation (for 

the utilization of 

excess and the 

disposal of 

surplus Federal 

property) to the 

Secretary of 

Defense under 

BCRA and 

DBCRA

Surplus Property Act (SPA), 

50 U.S.C. App. § 1622(d)

and 49 U.S.C. §§ 47151–47153

3 October 

1944

• Governs power transmission 

line disposals in cases of surplus 

Federal property, and provides 

for conveyance of surplus 

Federal property for use as a 

public airport (subject to 

approval by FAA)

General Services 

Administration, 

with partial 

delegation to the 

Secretary of 

Defense under 

BCRA and 

DBCRA, and 

Federal Aviation 

Administration

Act of May 19, 1948,

16 U.S.C. § 667b-d

19 May 

1948

• Provides for transfer of Federal 

property to State agencies or the 

Department of the Interior for 

wildlife conservation purposes

General Services 

Administration

Stewart B. McKinney 

Homeless Assistance Act

(McKinney Act),

42 U.S.C. § 11301 et seq.

22 July 

1987

• Title V (Section 501) requires 

DoD Components to identify 

unutilized, underutilized, excess 

or surplus property (e.g., 

housing at installations being 

closed) that may be suitable for 

use by the homeless

• Notification is to the 

Department of Housing and 

Urban Development (HUD). 

HUD notifies the Department of 

Health and Human Services of 

property suitable for the 

homeless

• Does not apply to BRAC 95 

bases, which are specifically 

exempted by the Redevelopment 

Act

Council on 

Homeless 

(reporting 

accomplished by 

DoD 

Components; 

screening by 

Department of 

Housing and 

Urban 

Development 

[HUD])

Federal Property 

Laws
Laws and Regulations Affecting Base Reuse Implementation

A-8 December 1997

Table A–1. Legal Authorities Affecting Base Reuse Implementation

LAW/REGULATION/

AUTHORITY

DATE SUMMARY OF KEY PROVISIONS RESPONSIBLE 

AGENCY 

(REQUIREMENT)

10 U.S.C. § 2667 (Military 

Leasing Act), as amended

10 August 

1956

• Identifies requirements for 

leasing military property to 

prospective lessees when such a 

lease will promote the national 

defense or be in the public 

interest

DoD Components

Indian Self-Determination 

Act, 25 U.S.C. §§ 450f–450n

4 January 

1975

• Provides for grants or contracts 

with tribal organizations for 

educational or health purposes 

or for strengthening tribal 

governments

• Authorizes the Secretary of the 

Interior to acquire property in 

trust for such purposes

Department of 

the Interior 

(contracting 

and/or providing 

grants)

Indian Reorganization Act, 

25 U.S.C. §§ 461–479

18 June 

1934

• Provides for reorganization of 

tribal and non-tribal lands

• Authorizes the Secretary of the 

Interior to acquire land to be 

held in trust for tribes

Department of 

the Interior (land 

acquisition and 

transfers)

Civil Rights Act of 1964, 

28 U.S.C. § 1447, 42 U.S.C. §§ 

1971, 1975a–1975d, 2000a–

2000h-6

2 July 1964 • Provides for enforcement of 

voting rights

• Prohibits discrimination in 

places of public accommodation 

and public facilities

DoD Components 

and their grantees 

(ensuring nondiscrimination)

Rehabilitation Act of 1973, 

29 U.S.C. §§ 701–709, 720–724, 

730–732, 740, 741, 750, 760–764, 

770–776, 780–787, 790–794

26 

September 

1973

• Guarantees equal opportunity 

for individuals with handicaps 

in order to maximize their 

employability and integration 

into the workplace and 

community

DoD Components 

and their grantees 

(ensuring 

handicapped 

accessibility)

Stevenson-Wydler Technology 

Innovation Act of 1980 (Pub. L. 

96-480, as amended), 15 USC 

3710(i)

21 October 

1980

• Authorizes the transfer of excess 

research equipment to 

educational institutions and 

nonprofit organizations

Directors of 

laboratories; head 

of any Federal 

Agency or 

Department

Public Buildings Cooperative 

Use Act (PBCUA), 40 U.S.C. §§ 

490, 601a, 606, 611, and 612a

18 October 

1976

• Encourages adaptive reuse of 

historic buildings as 

administrative facilities for 

Federal Agencies or activities

Secretary of 

Defense in 

conjunction with 

Department of 

the Interior

10 U.S.C. § 2391 (Military Base 

Reuse Studies and Community 

Planning Assistance)

1 

December

1981

• Authorizes the Secretary of 

Defense to make grants to State 

and local governments, and 

regional organizations, to assist 

them in planning community 

adjustments in response to base 

closures

Department of 

Defense through 

a variety of 

Federal assistance 

programs

Financial Assistance 

Laws
DoD Base Reuse Implementation Manual

December 1997 A-9

Table A–1. Legal Authorities Affecting Base Reuse Implementation

LAW/REGULATION/

AUTHORITY

DATE SUMMARY OF KEY PROVISIONS RESPONSIBLE 

AGENCY 

(REQUIREMENT)

National Environmental Policy 

Act (NEPA)

42 U.S.C. § 4321 et seq.; 

Regulations for Implementing 

the Procedural Provisions of 

NEPA at 40 CFR Parts 1500–

1508; Executive Order 11514, as 

amended by Executive Order

11991

1 January 

1970

• Provides a process to help 

Federal officials make decisions 

that are based on an 

understanding of environmental 

consequences, and take actions 

that protect, restore, and 

enhance the environment

• Requires that the DoD 

Components analyze potential 

environmental impacts of 

proposed actions and 

alternatives for base disposal 

decisions

President’s 

Council on 

Environmental 

Quality [CEQ]; 

NEPA process 

execution by DoD 

Components

(Environmental 

Assessment, 

Categorical 

Exclusion, or 

Environmental 

Impact 

Statement)

Comprehensive 

Environmental Response, 

Compensation and Liability 

Act (CERCLA), 42 U.S.C. § 9601 

et seq.; 40 CFR Parts 300–311

11 

December 

1980

• Requires the conduct of any 

needed response actions to clean 

up contamination, addressing 

risks to human health and the 

environment posed by past 

releases of hazardous substances

• Section 120(h) of this act, as 

amended by the Community 

Environmental Response 

Facilitation Act (CERFA), 

governs the identification of 

uncontaminated parcels and 

covenant requirements for deed 

transfers of contaminated 

parcels

DoD Components 

are execution 

agents under the 

Defense 

Environmental 

Restoration 

Program; U.S. 

EPA, and State 

oversight 

enforcement 

agencies; 

(consultation and 

approval 

requirements)

Resource Conservation and 

Recovery Act (RCRA), 42 

U.S.C. § 6901 et seq.; 

40 CFR Parts 240–281

21 

October 

1976

• Requires the establishment of 

management systems for 

hazardous waste (Subtitle C), 

non-hazardous solid waste 

(Subtitle D), and underground 

storage tanks (Subtitle I)

• Provides corrective action 

authority for cleanup of solid 

waste management units

U.S. EPA with 

delegation of the 

base RCRA 

program and the 

Hazardous and 

Solid Waste 

Amendments 

[HSWA] program 

to State agencies 

(permit 

requirements)

Clean Water Act (CWA), 

33 U.S.C. §§ 1251–1387; 

33 CFR Parts 320–330, 335–338; 

40 CFR Parts 104–140, 230–233, 

401–471; Executive Order

11990 (Protection of Wetlands)

18 

October 

1972

• Establishes controls on point 

source and non-point source 

discharges to surface waters 

under the National Pollutant 

Discharge Elimination System.

• Establishes permitting 

requirements for construction 

activities in waterways and 

wetlands

Army Corps of 

Engineers/U.S. 

EPA

(permit 

requirements)

Environmental Laws
Laws and Regulations Affecting Base Reuse Implementation

A-10 December 1997

Table A–1. Legal Authorities Affecting Base Reuse Implementation

LAW/REGULATION/

AUTHORITY

DATE SUMMARY OF KEY PROVISIONS RESPONSIBLE 

AGENCY 

(REQUIREMENT)

Clean Air Act (CAA), 

42 U.S.C. § 7401 et seq.; 

40 CFR Parts 50, 60, 61, and 80

31 

December 

1970

• Mandates improvements to air 

quality through establishment of 

National Ambient Air Quality 

Standards; nonattainment 

requirements; technology and 

risk standards for air toxics; 

permit requirements for sources 

of air emissions; State 

Implementation Plans for 

implementing compliance with 

standards; and conformity 

determinations for Federal 

Agency actions except base 

closure final disposals

U.S. EPA with 

partial delegation 

to State agencies 

(permit 

requirements)

Safe Drinking Water Act

(SDWA), 42 U.S.C. §§ 300f–300j26; 40 CFR Parts 141–149

16 

December 

1974

• Defines substances for which the 

U.S. EPA must set drinking 

water standards

• Authorizes establishment of 

underground injection controls 

on wells used for waste disposal

U.S. EPA

(permit 

requirements)

Toxic Substances Control Act

(TSCA), 15 U.S.C. §§ 2601–2671; 

40 CFR Parts 700–799

11 

October 

1976

• Provides for the specific 

regulation of PCBs and asbestos

• Requires maintenance of an 

inventory of manufactured 

chemicals and requires filing of 

a premanufacture notification 

for chemicals not in the 

inventory

U.S. EPA

(permit 

requirements)

Asbestos Hazard Emergency 

Response Act (AHERA), 

15 U.S.C. §§ 2641–2655; 

40 CFR Part 763

22 

October 

1986

• Amends TSCA to govern 

inspection of asbestoscontaining materials in schools 

and completion of appropriate 

response and abatement 

activities

U.S. EPA 

(inspection and 

response)

Lead-Based Paint Poisoning 

Prevention Act (LBPPPA), 42 

U.S.C. §§ 4801–4846

13 

January 

1971

• Requires establishment of 

procedures for eliminating 

immediate hazards related to 

lead-based paint and for 

notifying purchasers of the 

presence of lead-based paint

• Eliminates use of lead-based 

paint

Department of 

Housing and 

Urban 

Development and 

Department of 

Health and 

Human Services 

(establishment of 

procedures)

Residential Lead-Based Paint 

Hazard Reduction Act

(RLBPHRA), Title X of Pub. L. 

102-550

28 

October 

1992

• Governs transfers of pre-1978 

Federal property for residential 

use

• Requires inspection and 

notification for post-1960 

structures

• Requires inspection and 

abatement for pre-1960 housing

Department of 

Defense 

(inspection and 

notification or 

abatement)
DoD Base Reuse Implementation Manual

December 1997 A-11

Table A–1. Legal Authorities Affecting Base Reuse Implementation

LAW/REGULATION/

AUTHORITY

DATE SUMMARY OF KEY PROVISIONS RESPONSIBLE 

AGENCY 

(REQUIREMENT)

Federal Insecticide, Fungicide 

and Rodenticide Act (FIFRA), 

7 U.S.C. § 136 et seq.; 

40 CFR Parts 152–186

21 

October 

1972

• Establishes a registration 

program for pesticide and other 

substances

• Governs disposal of pesticides 

and pesticide containers

U.S. EPA (permit 

requirements)

American Indian Religious 

Freedom Act (AIRFA),

42 U.S.C. § 1996

11 August 

1978

• Protects and preserves religious 

freedoms of Native Americans, 

including access to religious 

sites

Affected tribes 

(consultation 

requirements)

Archaeological and Historic 

Preservation Act (AHPA),

16 U.S.C. § 469

27 June 

1960

• Governs activities that may 

affect historic or archaeological 

resources

• Directs Federal Agencies to 

coordinate with the Department 

of the Interior

Department of 

the Interior 

(notification 

requirements if 

jeopardized 

resources found)

Bald and Golden Eagle 

Protection Act (BGEPA),

16 U.S.C. § 668

8 June 

1940

• Governs activities and facilities 

that may threaten protected 

birds

Department of 

the Interior 

(permit required 

if golden eagle 

nest is found)

Coastal Zone Management Act

(CZMA),

16 U.S.C. §§ 1451–1464; 

15 CFR Parts 921–933

27 October 

1972

• Encourages States along oceans 

and Great Lakes to adopt 

Coastal Zone Management Plans 

(CZMP), which require any 

applicant for a Federal permit to 

certify that its project is 

consistent with the State CZMP

Department of 

Commerce

Endangered Species Act (ESA), 

16 U.S.C. §§ 1531–1544; 

50 CFR Parts 17, 401–424, 450–

453

28 

December 

1973

• Requires protection of 

threatened or endangered 

species by prohibiting activities 

and facilities that would have an 

adverse effect on them

U.S. Fish and 

Wildlife Service 

(requires 

biological 

assessment, 

mitigation plan if 

species found)

Fish and Wildlife 

Coordination Act (FWCA), 

16 U.S.C. §§ 661–666

12 August 

1958

• Requires persons to consult with 

Federal and State agencies when 

modifying, controlling, or 

impounding a surface water 

body over 4 hectares in size

U.S. Fish and 

Wildlife Service

Migratory Bird Treaty Act

(MBTA), 16 U.S.C. §§ 703–712

13 July 

1918

• Governs activities that may 

affect or threaten migratory 

birds or their habitats

Department of 

the Interior 

(consultation 

requirements if 

birds or nests are 

found)

Native American Graves 

Protection and Repatriation 

Act (NAGPRA), 25 U.S.C. 

§§ 3001–3013

16 

November 

1991

• Governs discovery and handling 

of Native American human 

remains and objects

Department of 

the Interior 

(notification and 

consultation)

Natural and Cultural 

Resources Laws
Laws and Regulations Affecting Base Reuse Implementation

A-12 December 1997

Table A–1. Legal Authorities Affecting Base Reuse Implementation

LAW/REGULATION/

AUTHORITY

DATE SUMMARY OF KEY PROVISIONS RESPONSIBLE 

AGENCY 

(REQUIREMENT)

National Historic Preservation 

Act (NHPA), 16 U.S.C. § 470; 36 

CFR Parts 60, 63, 68, 800; 

Executive Order 11593

(Protection and Enhancement 

of the Cultural Environment)

15 October 

1966;

13 May 

1971 (E.O.)

• Establishes a program for the 

preservation of additional 

historic properties throughout 

the nation

• Section 106 of the NHPA 

establishes a process to identify 

conflicts between historic 

preservation concerns (e.g., 

properties included or eligible 

for the National Register of 

Historic Places) and Federal 

undertakings

Advisory Council 

on Historic 

Preservation, 

State Historic 

Preservation 

Officers, 

Department of 

the Interior 

(consultation 

requirements)

Watershed Protection and 

Flood Prevention Act

(WPFPA), 16 U.S.C. § 1001 et 

seq.; 33 U.S.C. § 701-1; Executive 

Order 11988 (Floodplain 

Management)

4 August 

1954

• Governs reservoir development 

and stream modification projects 

including specific wildlife 

habitat improvements

Department of 

Agriculture—Soil 

Conservation 

Service

Wild and Scenic Rivers Act

(WSRA), 16 U.S.C. § 1271 et seq.

2 October 

1968

• Preserves and protects the freeflowing condition of selected 

rivers. Established a national 

Wild and Scenic Rivers System

Department of 

the Interior

Executive Order 12088 • Establishes process for ensuring 

Federal Agency compliance with 

Federal, State, and local 

pollution control requirements

• Outlines a process for resolution 

of disputes between the 

Environmental Protection 

Agency and Federal Agencies, 

specifying the Office of 

Management and Budget as 

dispute resolution agent

Presidential order 

involving the 

Environmental 

Protection 

Agency, 

Department of 

Defense, State, 

and Office of 

Management and 

Budget

Executive Order 12372 (as 

amended by Executive Order 

12416)

8 April 

1983

• Requires Federal Agencies to 

provide opportunities for 

consultation by elected officials 

of State and local governments

DoD Components 

in consultation 

with community

Executive Order 12580 23 January 

1987

• Addresses delegation of certain 

duties and powers assigned to 

the President in CERCLA to 

heads of Federal Agencies

Presidential 

Order delegating 

authority to the 

Secretary of 

Defense—DoD 

Components

Executive Order 12788 15 January 

1992

• Creates the Defense Economic 

Adjustment Program to 

coordinate economic adjustment 

assistance for communities 

affected by Defense downsizing

Secretary of 

Defense, 

Economic 

Adjustment 

Committee

Executive Order 12999, 

Improving Mathematics and 

Science Education in Support of 

the National Education Goals

17 April 

1996

• Gives preference to elementary 

and secondary schools in the 

transfer or donation of 

education-related Federal 

equipment such as computers

Military 

Department 

(identification 

and transfer of 

surplus property)

Executive Orders
DoD Base Reuse Implementation Manual

December 1997 A-13

Table A–1. Legal Authorities Affecting Base Reuse Implementation

LAW/REGULATION/

AUTHORITY

DATE SUMMARY OF KEY PROVISIONS RESPONSIBLE 

AGENCY 

(REQUIREMENT)

Executive Order 12898, Federal 

Actions to Address 

Environmental Justice in 

Minority Populations and LowIncome Populations

11 

February 

1994

• Requires the creation of an 

Interagency Working Group on 

Environmental Justice to 

develop guidance for Federal 

Agencies on environmental 

justice strategies

• Requires Federal Agencies to 

include diverse segments of the 

population in research, data 

collection, and analysis

• Requires Federal Agencies to 

solicit public views and to 

consider environmental justice 

values in decision-making

Department of 

Defense 

(guidance)

DoD Components 

(analysis; actions)

DoD Directive 1000.3 29 March 

1979

• Safety and Occupational Health 

Policy for the Department of 

Defense

Department of 

Defense

DoD Directive 3030.1 29 

November 

1978

• Office of Economic Adjustment Department of 

Defense

DoD Directive 4140.25 8 January 

1993

• DoD Bulk Petroleum 

Management Policy

Department of 

Defense

DoD Directive 4150.7 24 October 

1983

• DoD Pest Management Program Department of 

Defense

DoD Directive 4165.6 1 

September 

1987

• Real Property Acquisition, 

Management, and Disposal

Department of 

Defense

DoD Directive 4165.60 4 October 

1976

• Solid Waste Management—

Collection, Disposal, Resource 

Recovery and Recycling 

Program

Department of 

Defense

DoD Directive 4165.66 12 Feb 

1996

• Revitalizing Base Closure 

Communities

• Implements the provisions of 

Title XXIX of NDAA 94; codified 

at 32 CFR Part 174

• Forms the basis for much of the 

material in this Manual

Department of 

Defense

DoD Directive 4210.15 27 July 

1989

• Hazardous Material Pollution 

Prevention

Department of 

Defense

DoD Directive 4500.34 10 April 

1986

• DoD Personal Property 

Shipment and Storage Program

Department of 

Defense

DoD Directive 4700.4 24 January 

1989

• Natural Resources Management 

Programs

Department of 

Defense

DoD Directive 4710.1 21 June 

1984

• Archeological and Historic 

Resources Management

Department of 

Defense

DoD Directive 5030.41 1 June 

1977

• Oil and Hazardous Substances 

Pollution Prevention and 

Contingency Program

Department of 

Defense

DoD Directives and 

Instructions
Laws and Regulations Affecting Base Reuse Implementation

A-14 December 1997

Table A–1. Legal Authorities Affecting Base Reuse Implementation

LAW/REGULATION/

AUTHORITY

DATE SUMMARY OF KEY PROVISIONS RESPONSIBLE 

AGENCY 

(REQUIREMENT)

DoD Directive 5100.50 24 May 

1973

• Protection and Enhancement of 

Environmental Quality

Department of 

Defense

DoD Directive 5410.12 22 

December 

1987

• Economic Adjustment 

Assistance to Defense-Impacted 

Communities

Department of 

Defense

DoD Directive 6050.1 30 July 

1979

• Environmental Effects in the 

United States of DoD Actions

Department of 

Defense

DoD Instruction 4165.67 4 March 

1996 

(changes 

issued on 7 

May 1997)

• Revitalizing Base Closure 

Communities—Base Closure 

Community Assistance

• Implements Title XXIX of 

NDAA 94; codified at 32 CFR 

Part 175

• Forms the basis for much of the 

material in this Manual

Department of 

Defense

DoD Instruction 4165.68 4 March 

1996 

(reissued 

on 27 May 

1997)

• Revitalizing Base Closure 

Communities and Community 

Assistance - Community 

Redevelopment and Homeless 

Assistance

• Implements the Redevelopment 

Act, as amended, codified at 32 

CFR Part 176

• Forms the basis for part of the 

material in this Manual

Department of 

Defense
DoD Base Reuse Implementation Manual

December 1997 A-15

Table A-2. Surplus Federal Property Transfer Methods

Type of Property, 

Purpose, or Method

Transfer 

Type1

Federal Agency 

with Authority

FMV 

Discount

Statutory and 

Regulatory 

Authority

PUBLIC AIRPORT 

CONVEYANCE

Approved Federal Aviation 

Administration

100% 49 U.S.C §§ 47151–

47153, 

41 CFR 101-47.308-2

PUBLIC BENEFIT 

CONVEYANCE CATEGORIES

Historic Monument Approved Department of the 

Interior

100% FPASA § 203(k)(3), 

41 CFR 101-47.308-3

Education Sponsored Department of 

Education

Up to 100% FPASA § 203(k)(1), 

41 CFR 101-47.308-4

Public Health Sponsored Department of Health 

and Human Services

Up to 100% FPASA § 203(k)(1), 

41 CFR 101-47.308-4

Public Park or 

Recreation

Sponsored Department of the 

Interior

Up to 100% FPASA § 203(k)(2), 

41 CFR 101-47.308-7

Non-Federal 

Correctional Facility

Approved Department of Justice 100% FPASA § 203(p)(1), 

41 CFR 101-47.308-9

Port Facility Sponsored Department of 

Transportation

100% FPASA § 203(q)(1), 

41 CFR 101-47.308-10

Shrines, Memorials, or 

Religious Uses

[only as part of another 

public benefit 

conveyance]2

Sponsored Department of 

Education or 

Department of Health 

and Human Services

Up to 100% 41 CFR 101-47.308-5

Homeless Assistance

[Public Health]3

Sponsored Department of Health 

and Human Services

Up to 100% 42 U.S.C. § 11411, 

FPASA § 203(k)

OTHER SPECIFIC 

CONVEYANCE CATEGORIES

Power Transmission 

Lines

Approved Military Department None SPA § 13(d), 

41 CFR 101-47.308-1

Housing for Displaced 

Persons

Requested4 Military Department Up to 100% URARPAPA § 218, 

41 CFR 101-47.308-8

Wildlife Conservation Approved Department of the 

Interior

Up to 100% 16 U.S.C. § 667b–d

Federal-Aid or Other 

Highways [to States]

Sponsored Department of 

Transportation

100% 23 U.S.C. §§ 107, 317

Widening of Public 

Highways or Streets

Approved Military Department Up to 100% 40 U.S.C. § 345c

Homeless Assistance Approved Department of HUD 100% BCCRHAA § 2

NEGOTIATED SALE Sale Military Department None FPASA § 203(e), 

41 CFR 101-47.304

PUBLIC SALE Sale Military Department None FPASA § 203(e), 

41 CFR 101-47.304

DEPOSITORY INSTITUTION 

FACILITIES

Sale Military Department None NDAA 92/93 § 2825, 

NDAA 94 § 2928

LEASEBACK Approved Military Department Up to 100% NDAA 96, Title XXVIII, 

§ 2837

ECONOMIC DEVELOPMENT 

CONVEYANCE

Approved Military Department Up to 100% NDAA 94, Title XXIX, 

§ 2903
Laws and Regulations Affecting Base Reuse Implementation

A-16 December 1997

Key to Table A-2

1Public benefit and other specific conveyances are typically either approved or 

sponsored by the authorized Federal Agency. In approved transfers, the Federal Agency 

must grant its approval but property conveyance is accomplished by the Military 

Department. In sponsored transfers, the Military Department assigns the property to the 

Federal Agency, upon request, and the Federal Agency is responsible for conveyance of 

the property to its recipient.

2Property for shrines, memorials or other religious purposes is eligible for public benefit 

conveyance (PBC) only as part of a parcel transferred under another PBC mechanism.

342 U.S.C. § 11411 designates uses for homeless assistance as a specific public health 

category under FPASA § 203(k) and gives priority to such uses when considering PBCs.

4When the activities of a Federal Agency result in the displacement of persons from their 

housing, the Federal Agency may request surplus property for replacement housing. 

Transfer of property is directly from the Military Department to an eligible State agency.

Acronyms and Abbreviations used in Table A-2

CFR Code of Federal Regulations

FMV Fair Market Value

FPASA Federal Property and Administrative Services Act, 

40 U.S.C. § 471 et seq.

LRA Local Redevelopment Authority

NDAA 92/93 National Defense Authorization Act for Fiscal Years 1992 and 1993, 

Pub. L. 102-190

NDAA 94 National Defense Authorization Act for Fiscal Year 1994, 

Pub. L. 103-160

SPA Surplus Property Act, 50 U.S.C. App. § 1622(d) and 

49 U.S.C. §§ 47151–47153

U.S.C. United States Code

URARPAPA Uniform Relocation Assistance and Real Property Acquisition Policies 

Act of 1970, Pub. L. 91-646
DoD Base Reuse Implementation Manual

December 1997 A-17

Table A-3. Statutorily Imposed Deadlines for BRAC 95 Installations

REQUIREMENTS DEADLINE

[SOURCE(S)]

CLOSURE-RELATED ACTIVITIES

Initiate Closure and Realignment Activities

[DBCRA 90 § 2904(a)]

2 years after Presidential approval 

for closure

July 1997

Complete Closure and Realignment Activities

[DBCRA 90 § 2904(a)]

6 years after Presidential approval 

for closure

July 2001

Withhold Relocation of Personal Property with 

Redevelopment Value

Sustain Maintenance at or Above Minimum Levels to 

Support Reuse

[DBCRA 90 § 2905(b), as amended by NDAA 94 § 2902]

Neither relocation of personal 

property nor reduction of 

maintenance levels necessary to 

support reuse is allowed before 

the earliest of:

(1) one week after submittal of 

redevelopment plan;

(2) notice of intent not to submit a 

redevelopment plan;

(3) 90 days before closure

(4) 24 months after the date of 

approval*

COMMUNITY ASSISTANCE

Designate Transition Coordinator

[NDAA 94 § 2915(b)] 15 days after the date of approval*

Hold Community Seminars on Reuse and 

Redevelopment

[NDAA 94 § 2916 (Sense of Congress)]

6 months after the date of approval*

Consider Applications for OEA Assistance

[10 U.S.C. § 2391(b), as amended by NDAA 94 § 2913]

Planning Grants: 7 days after 

application submittal

Community Adjustment and 

Diversification Grants: 30 days after 

application submittal

Identify and Obtain Regulatory Concurrence on 

Uncontaminated Parcels

[CERCLA § 120(h)(4) and NDAA 94 § 2910]

Earlier of:

(1) 9 months after submittal of 

proposed reuse;

(2) 18 months after the date of 

approval*

Contract with Local Governments for Provision of 

Community Services

[DBCRA 90 § 2905(b), as amended by NDAA 94 § 2907]

No earlier than 180 days before date 

of closure

PROPERTY INVENTORY, SCREENING, AND TRANSFER

Inventory Personal Property

[DBCRA 90 § 2905(b), as amended by NDAA 94 § 2902] 6 months after the date of approval*

Screen Property for Federal Agency Transfers; Make 

Excess and Surplus Determinations; Submit Property 

Information to HUD and LRA and Publish in Federal 

Register

[DBCRA 90 § 2905(b), as amended by NDAA 94 § 2904 and 

BCCRHAA § 2]

6 months after the date of approval*

Receive Notices of Homeless Provider Interest in 

Property (LRA)

[DBCRA 90 § 2905(b), as amended by BCCRHAA § 2]

3 to 6 months after LRA’s newspaper 

publication (LRA’s discretion)
Laws and Regulations Affecting Base Reuse Implementation

A-18 December 1997

Table A-3. Statutorily Imposed Deadlines for BRAC 95 Installations

REQUIREMENTS DEADLINE

[SOURCE(S)]

Complete Redevelopment Plan and Submit to HUD 

and DoD (LRA) (if homeless uses are included)

[DBCRA 90 § 2905(b), as amended by BCCRHAA § 2]

9 months after deadline for 

submission of notices of interest

Review Redevelopment Plan and Make 

Determination (HUD)

[DBCRA 90 § 2905(b), as amended by BCCRHAA § 2]

60 days after receipt of 

redevelopment plan

Revise Redevelopment Plan, if necessary (LRA)

[DBCRA 90 § 2905(b), as amended by BCCRHAA § 2] 90 days after HUD determination

Review Revised Redevelopment Plan, if necessary 

(HUD)

[DBCRA 90 § 2905(b), as amended by BCCRHAA § 2]

30 days after receipt of revised 

redevelopment plan

Report to DoD on Property Suitability and 

Acceptability of LRA’s Plan, if necessary (HUD)

[DBCRA 90 § 2905(b), as amended by BCCRHAA § 2]

90 days after receipt of 

unsatisfactory revised redevelopment 

plan

Consider Entering into Agreements to Transfer 

Property by Deed in Exchange for Environmental 

Restoration

[DBCRA 90 § 2905(e), as added by NDAA 94 § 2908]

Must be entered into by the date five 

years after enactment of NDAA 94

30 November 1998

ENVIRONMENTAL IMPACT ANALYSIS AND ENVIRONMENTAL CLEANUP

Complete Environmental Impact Statement (EIS)

[NDAA 94 § 2911] 12 months after submittal of 

redevelopment plan

Complete Remedial Investigations/Feasibility Studies 

(RI/FSs)

[CERCLA § 120(e)]

• Commence RI/FS within 6 

months of final NPL listing

• Enter into Federal Facility 

Agreement within 180 days 

after EPA review of RI/FS

• Begin remedial action within 

15 months of completion of 

NPL-required RI/FS

* Note: The “date of approval” is the expiration date for the authority of Congress to disapprove the 

President’s recommendations, as defined in NDAA 94 § 2918(a) and § 2918(c).

KEY:

BCCRHAA Base Closure Community Redevelopment and Homeless Assistance Act of 1994

(known as the “Redevelopment Act”)

CERCLA Comprehensive Environmental Response, Compensation and Liability Act, as 

amended

CERFA Community Environmental Response Facilitation Act of 1992

DBCRA 90 Defense Base Closure and Realignment Act of 1990

NDAA 94 National Defense Authorization Act for Fiscal Year 1994

Summary of Key Provisions in Base Closure Laws

Key provisions contained in BCRA 88, DBCRA 90, NDAA 92/93, NDAA 93, 

NDAA 94, NDAA 95, and the Redevelopment Act are summarized below.

COMMUNITY ASSISTANCE

BCRA 88 and DBCRA 90, as amended by NDAA 94, require and/or authorize 

the Secretary of Defense to: 
DoD Base Reuse Implementation Manual

December 1997 A-19

• Provide economic adjustment assistance to any community located near a 

military installation being closed or realigned [Section 2905(a)(1)(B) of 

DBCRA 90].

• Inform a State or local government applying for assistance under 10 U.S.C. § 

2391 (provisions for military base reuse studies and community planning 

assistance) of the approval or rejection of the application for such assistance 

within 7 days of receipt in the case of a planning grant, or 30 days of receipt 

in the case of a community adjustment and economic diversification grant 

[Section 2913 of NDAA 94].

• Conduct seminars for each community in which a military installation is 

being closed no later than 6 months after closure is approved (also see 

Table A-3) [Section 2916 of NDAA 94]. Community seminars are to address 

the various Federal programs for the reuse and redevelopment of the 

installation, and provide information about employment assistance to 

members of these communities.

These requirements, along with those under 10 U.S.C. § 2391, are carried out in 

large part by the following organizations:

• DoD Component disposal and conversion organizations

• The Office of Economic Adjustment (OEA) within the Office of the Secretary 

of Defense (OSD), which provides grants to communities for reuse planning 

(see Table A-3 for deadlines)

• The Base Closure Transition Office (BCTO), within OSD, which coordinates 

the activities of all Base Transition Coordinators and serves as a 

clearinghouse for facilitation, coordination, and resolution of Federal Agency 

issues and other base conversion-related issues

• The Economic Development Administration (EDA) within the Department 

of Commerce, which provides economic development grants to communities 

impacted by base closures in accordance with Section 4305 of NDAA 93

• Other Federal Departments and Agencies, which sponsor public benefit 

conveyances and other conveyances.

CONTRACTING WITH LOCAL AND/OR SMALL OR DISADVANTAGED BUSINESSES

Section 2912 of NDAA 94 requires the Secretary of Defense, when entering into 

contracts for base closure or realignment, to give preference to qualified 

businesses located in the vicinity of the installation and to small or 

disadvantaged business concerns. This preference is specifically extended to 

include contracts for environmental restoration and mitigation.

BASE TRANSITION COORDINATORS

Section 2915 of NDAA 94 requires the Secretary of Defense to designate a Base 

Transition Coordinator (BTC) for each closing installation. Transition 

Coordinator responsibilities are described in NDAA 94 in terms of overall base 

conversion process facilitation. The BTCs are centrally managed by the Base 

Closure and Transition Office (BCTO). Together, the BCTO and BTCs assist 
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A-20 December 1997

base closure communities and the Military Departments in rapid disposal and 

quick reinvestment of property into productive reuse by acting as a point of 

contact and facilitator for closure and reuse issues. For example, the BCTO and 

BTCs assist with resolution of site specific problems and issues, provide 

monthly community feedback reports to the Deputy Under Secretary of Defense 

(Industrial Affairs and Installations), and disseminate information pertinent to 

the closure and reuse process.

ACCELERATING REAL PROPERTY SCREENING

BCRA 88 and DBCRA 90, as amended by Section 2904 of NDAA 94, require the 

Secretary of Defense to complete formal screening of real property with other 

Federal Agencies by June 1, 1994 for BRAC 88, 91, and 93 closures and 

realignments, or within six months of the approval date for future base closures 

and realignments (see Table A-3). These dates may be postponed, however, if 

the Secretary of Defense determines that postponement is in the best interest of 

the community.

HOMELESS ASSISTANCE (MCKINNEY ACT)

The Stewart B. McKinney Homeless Assistance Act, and BCRA 88 and DBCRA 

90, as amended by Section 2905 of NDAA 94, require the Secretary of Defense to 

compile a list of property available for use by “homeless providers” by June 1, 

1994, for BRAC 88, 91, and 93 closures and realignments, or within six months 

of the approval date for future base closures and realignments (see Table A-3). 

The list of property must be submitted to the Department of Housing and 

Urban Development (HUD) by these dates, and HUD will then publish a notice 

of availability and suitability of the property. The homeless providers and HUD 

are then allotted a period of 60 to 175 days to complete the application and 

decision-making process in accordance with the McKinney Act. In the absence 

of an expression of interest to HUD in property suitable for the homeless, an 

LRA can incorporate the property into its redevelopment plan by submitting 

written expressions of interest to the DoD Component.

HOMELESS ASSISTANCE (BASE CLOSURE COMMUNITY REDEVELOPMENT AND 

HOMELESS ASSISTANCE ACT)

The Base Closure Community Redevelopment and Homeless Assistance Act of 

1994 (Pub. L. 103-421) amended DBCRA 90 to exempt BRAC 95 installations 

(and those BRAC 88, 91, and 93 installations whose LRAs submitted a request 

prior to December 24, 1994) from the McKinney Act and created a new, 

community-based process for addressing homeless needs in base closure 

communities. Under the new process, the LRA is responsible for identifying 

and accommodating community homeless needs in its redevelopment plan, 

which is submitted with supporting information to HUD. HUD reviews the 

LRA’s submission and either approves the plan’s homeless provisions or reports 

to the Military Department on the suitability of buildings and property at the 

installations for use to assist the homeless and the extent to which the LRA’s 

application meets HUD’s review criteria. The new process also established a 

new conveyance authority by which real or personal property to be used for 

homeless assistance purposes can be transferred at no cost to an LRA or directly 

to a representative of the homeless.

PERSONAL PROPERTY

BCRA 88 and DBCRA 90, as amended by Sections 2902 and 2909 of NDAA 94, 

require the Secretary of Defense to inventory personal property (except for 
DoD Base Reuse Implementation Manual

December 1997 A-21

certain categories not available to the LRA for reuse) within six months of the 

approval date for 1995 base closures and realignments (see Table A-3). Section 

2902 of NDAA 94 also stipulates that personal property shall not be removed 

from a closing or realigning base (unless exemptions are approved) until the 

expiration of one of four specific time periods. These four time periods are 

summarized in Table A-3. Limitations on the type of personal property eligible 

for transfer to communities are contained in Sections 2902 and 2909 of NDAA 

94 as well.

MILESTONES FOR ENVIRONMENTAL ANALYSIS

Provisions in NDAA 92/93 and NDAA 94 specify dates for completion of 

several environmental analysis activities. These are shown in Table A-3 under 

the headings Environmental Impact Analysis and Environmental Cleanup.

TRANSFER OF REAL PROPERTY

BCRA 88 and DBCRA 90, as amended by Section 2903 of NDAA 94, authorize 

the Secretary of Defense to transfer real and personal property at closing bases 

to LRAs for less than fair market value under standards and constraints of the 

statute. Section 2906 of NDAA 94 amends 10 U.S.C. § 2667 and provides similar 

authority during the leasing of property.

ESTABLISHING BASE CLOSURE ACCOUNTS

Provisions of BCRA 88 and DBCRA 90, as amended or limited by Sections 2921 

and 2922 of NDAA 94, require the establishment of separate transfer accounts to 

fund, and receive proceeds from, base closure and realignment activities. The 

first is known as the “Department of Defense Base Closure Account” (BRAC I, 

or BRAC Part I, Section 207 of BCRA 88) which is administered for installations 

designated under BCRA 88. The second account is known as the “Department 

of Defense Base Closure Account 1990” (BRAC II, or BRAC Part II, Section 2906 

of DBCRA 90) and is administered for installations designated under DBCRA 90 

(includes bases selected for closure and realignment in 1991, 1993 and 1995). 

The Part II account may be further subdivided into separate accounts for each 

round of closures and realignments.

CONTRACTING WITH COMMUNITIES FOR POLICE AND FIRE SERVICES

BCRA 88 and DBCRA 90, as amended by Section 2907 of NDAA 94, Section 

2839 of NDAA 96, and Section 2812 of NDAA 97, authorize the Secretary of 

Defense to enter into agreements (including contracts, cooperative agreements, 

and other arrangements for reimbursement) with local governments for police 

services, fire protection services, airfield operation services, or other community 

services at installations to be closed or at facilities not yet transferred or 

otherwise disposed of at closure sites. This authority cannot be exercised earlier 

than 180 days before the date on which the installation is to be closed (see Table 

A-3).

Summary of Key Statutes Referenced by Base Closure Laws

STEWART B. MCKINNEY HOMELESS ASSISTANCE ACT

Section 2905 of NDAA 94 amends Section 204(b) of BCRA 88 and Section 

2905(b) of DBCRA 90, by prescribing revised processes for compliance with the 

Stewart B. McKinney Homeless Assistance Act (McKinney Act, 42 U.S.C. § 

11301 et seq.) at closing bases.
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A-22 December 1997

FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT (FPASA)

Section 204(b) of BCRA 88 and Section 2905(b) of DBCRA 90 give the DoD 

Component (through delegation from GSA to the Secretary of Defense) 

authority to utilize and dispose of excess and surplus property under Sections 

202 and 203 of the Federal Property and Administrative Services Act, as 

amended (40 U.S.C. §§ 483 and 484, respectively).

Section 202 of the FPASA authorizes the DoD Component to promote the 

utilization of excess property by executive agencies (i.e. executive Departments, 

Agencies, or wholly owned Government corporations), and/or transfer excess 

property to other Federal Agencies for use.

Section 203 of FPASA authorizes the DoD Component to dispose of surplus 

property 

“by sale, exchange, lease, permit, or transfer, for cash, credit, or other 

property, with or without warranty, and upon such terms and conditions as 

the [DoD Component through its delegation of authority from the Secretary of 

Defense] deems proper . . .”

and provides for the disposal of surplus property via a number of different 

methods:

• Through public advertising for competitive bids [Section 203(e)(2)]

• Through contract realty brokers [Section 203(e)(4)]

• Through negotiated sale to State and local governments 

[Sections 203(e)(3), (5) and (6)]

• Through public benefit conveyances to State agencies and other eligible 

institutions within a State [Section 203(j)], including transfers of property for 

correctional facility use (subject to Department of Justice [DOJ] approval) 

[Section 203 (p)(1)], and transfers of property for use as a historic monument 

(subject to Department of the Interior [DOI] approval) [Sections 203(k)(3) 

and (4)]

• Through assignment of property to the Department of Education (DOEd) for 

disposal as educational facilities [Section 203(k)(1)]

• Through assignment of property to the Department of Health and Human 

Services (HHS) for disposal as public-health facilities [Sections 203(k)(1) and 

(4)]

• Through assignment of property to the Department of the Interior (DOI) for 

disposal as a public park or recreational area [Sections 203(k)(2) and (4)]

• Through donation to the American National Red Cross [Section 203(l)]

As amended by Section 2927 of NDAA 94, Section 203 of FPASA also authorizes 

the DoD Component (via delegation from the Secretary of Defense) to assign 
DoD Base Reuse Implementation Manual

December 1997 A-23

surplus property to the Secretary of Transportation needed for the development 

and operation of a port facility. Within specified time frames, and in 

consultation with the Secretary of Labor and Secretary of Commerce, the 

Secretary of Transportation is authorized under Section 2927 of NDAA 94 to 

transfer such assigned property to States or territories.

In exercising its delegated authorities under the provisions of FPASA, the DoD 

Component is required to comply with the Federal Property Management 

Regulations (FPMR), promulgated pursuant to the FPASA, that are currently in 

effect. These regulations, found at 41 CFR Part 101-47, prescribe the policies, 

guidelines, requirements, responsibilities and methods governing the utilization 

and disposal of excess and surplus real property and related personal property 

within the United States and its territories.

SURPLUS PROPERTY ACT (SPA)

Section 204(b) of BCRA 88 and Section 2905(b) of DBCRA 90 give the DoD 

Component (through delegation from GSA to the Secretary of Defense) the 

authority to grant approvals and make determinations under Section 13(g) of 

the Surplus Property Act, as amended [49 U.S.C. §§ 47151–47153].

In exercising this authority, the DoD Component is required to comply with the 

FPMR and all other regulations promulgated pursuant to Section 13(g) of the 

SPA that are currently in effect.

ACT OF MAY 19, 1948

Section 2905(b)(D) of DBCRA 90 gives the DoD Component (through delegation 

from GSA to the Secretary of Defense) the authority to determine the 

availability of excess or surplus real property for wildlife conservation purposes 

in accordance with 16 U.S.C. § 667b. This otherwise unnamed statute 

authorizes the transfer and utilization of Federally owned real property for 

wildlife conservation purposes. It provides the basis by which surplus Federal 

real property may be transferred at no cost to a state or the Department of the 

Interior (DOI) for management and administration. Under terms of this Act, the 

DoD Component may transfer parcels of property suited for wildlife resources 

(e.g., migratory birds, upland game and animals) to other Federal and state 

agencies via Federal transfer or public benefit conveyance procedures. Sections 

2 and 3 of this statute require publication of transfers for wildlife purposes in 

the Federal Register, including a description of the intended uses of the property.

NATIONAL ENVIRONMENTAL POLICY ACT (NEPA)

Compliance with NEPA is required by Section 204(c) of BCRA 88 and Section 

2905(c) of DBCRA 90. In particular, Section 2905(c)(2)(A) states that the 

provisions of NEPA shall apply to actions of the [DoD Component] . . . during 

the process of property disposal . . . . To comply with NEPA for disposal of 

installation property, the DoD Component must comply with the regulations in 

40 CFR Parts 1500-1508, developed by the Council on Environmental Quality 

(CEQ), and any other Component-specific regulations pertaining to 

environmental impact analysis.

SECTION 120 OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,

AND LIABILITY ACT (CERCLA)
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A-24 December 1997

Activities for complying with Section 120 of CERCLA are part of the Ongoing 

Environmental Cleanup Process, which is managed under the DoD 

Component’s BRAC Cleanup Plan.

COMMUNITY ENVIRONMENTAL RESPONSE FACILITATION ACT (CERFA)

Enacted on 19 October 1992, CERFA (Pub. L. 102-426) amends Section 120(h) of 

CERCLA by adding the following:

• Minimum procedures for identifying uncontaminated property at closing 

military installations [new Section 120(h)(4)]. These procedures require the 

Environmental Protection Agency (for bases on the National Priorities List 

[NPL]), or the “appropriate State official” (for bases not on the NPL), to 

concur with uncontaminated property determinations by the DoD 

Component

• Language clarifying that the covenant required in Section 120(h)(3)(B)(i), that 

“all remedial action necessary to protect human health and the environment 

with respect to any [hazardous] substances remaining on the property has 

been taken,” may be given when an approved remedial action is in place and 

operating properly and successfully [modified Section 120(h)(3)]. [Note: In 

some cases, property can now be transferred to private parties before 

remedial action has been taken and the covenant requirements have been 

fulfilled.]

• Requirements for Federal Agencies (e.g., the DoD Component) to notify 

States of leases that will be in effect after the scheduled closure date [new 

Section 120(h)(5)]

• Compliance with CERFA is critical for accomplishing the transfer of 

uncontaminated and remediated property. For BRAC 88 and BRAC 91 

realignment and closure bases, identification of uncontaminated property 

and CERFA compliance has already occurred. For BRAC 93 and BRAC 95 

bases, identification and concurrence must be completed no later than 

18 months after the approval date [CERCLA § 120(h)(4)(C)(iii)]. Section 2910 

of NDAA 94 has added the further requirement that CERFA identifications 

and concurrences be completed within 9 months of the submittal of the 

LRA’s approved Redevelopment Plan.
December 1997 B-1

Appendix B

Base Closure and Reuse

Laws and Amendments

Appendices B and C provide the text of the major legal and regulatory authorities that provide the basis 

for this Manual and for base closure and reuse in general (see Figure B-1). The principal legal 

authorities for base closure and reuse are the Defense Authorization Amendments and Base Closure and 

Realignment Act of 1988 (Title II of Pub. L. 100-526), for 1988 base closures, and the Defense Base 

Closure and Realignment Act of 1990 (Part A of Title XXIX of Pub. L. 101-510), for closures approved in 

1991, 1993, and 1995. Both BRAC statutes have been amended several times, most significantly by the 

Base Closure Community Assistance Act of 1993 (Subtitle A of Title XXIX of Pub. L. 103-160) and the 

Base Closure Community Redevelopment and Homeless Assistance Act of 1994 (the “Redevelopment 

Act,” Pub. L. 103-421). As a result of these two sets of amendments, the Department of Defense 

promulgated regulations at 32 CFR Parts 174, 175, and 176 to provide more specific instructions for 

implementing their provisions. In addition, the Department of Defense published this Manual to 

provide even more detailed guidance for implementing 32 CFR Parts 174, 175, and 176. The relationship 

of these authorities and guidance is shown in Figure B-1 [Note that Figure B-1 does not enumerate all the 

amendments to the base closure statutes].

The texts of the Base Closure Community Assistance Act of 1993 and the Base Closure Community 

Redevelopment and Homeless Assistance Act of 1994 are included in this Appendix. Both of these laws 

primarily amend the BRAC statutes, but also contain self-standing provisions and amendments to other 

legal authorities for base closure and reuse. The current, amended version of the Defense Base Closure 

and Realignment Act of 1990 is also included in this Appendix. The most recent version of 32 CFR Parts 

174, 175, and 176, including all amendments published as final, interim final, or proposed rules in the 

Federal Register, are included as Appendix C.
Base Closure and Reuse Laws and Amendments

B-2 December 1997

Figure B-1. Relationship of Laws, Regulations, and Guidance
December 1997 B-3

Base Closure Community Assistance Act 

(Pub.L.103-160, Title XXIX, Subtitle A)

National Defense Authorization Act for Fiscal Year 1994

(Pub. L. 103-160)

Enacted November 30, 1993

TITLE XXIX—DEFENSE BASE CLOSURE AND REALIGNMENT

SUBTITLE A—BASE CLOSURE COMMUNITY ASSISTANCE

SEC. 2901. FINDINGS.

Congress makes the following findings:

(1) The closure and realignment of military installations within the United States is a necessary consequence 

of the end of the Cold War and of changed United States national security requirements.

(2) A military installation is a significant source of employment for many communities, and the closure or 

realignment of an installation may cause economic hardship for such communities.

(3) It is in the interest of the United States that the Federal Government facilitate the economic recovery of 

communities that experience adverse economic circumstances as a result of the closure or realignment of a 

military installation.

(4) It is in the interest of the United States that the Federal Government assist communities that experience 

adverse economic circumstances as a result of the closure of military installations by working with such 

communities to identify and implement means of reutilizing or redeveloping such installations in a beneficial 

manner or of otherwise revitalizing such communities and the economies of such communities.

(5) The Federal Government may best identify and implement such means by requiring that the head of each 

department or agency of the Federal Government having jurisdiction over a matter arising out of the closure of 

a military installation under a base closure law, or the reutilization and redevelopment of such an installation, 

designate for each installation to be closed an individual in such department or agency who shall provide 

information and assistance to the transition coordinator for the installation designated under section 2915 on 

the assistance, programs, or other activities of such department or agency with respect to the closure or 

reutilization and redevelopment of the installation.

(6) The Federal Government may also provide such assistance by accelerating environmental restoration at 

military installations to be closed, and by closing such installations, in a manner that best ensures the 

beneficial reutilization and redevelopment of such installations by such communities.

(7) The Federal Government may best contribute to such reutilization and redevelopment by making 

available real and personal property at military installations to be closed to communities affected by such 

closures on a timely basis, and, if appropriate, at less than fair market value.

SEC. 2902. PROHIBITION ON TRANSFER OF CERTAIN PROPERTY LOCATED AT MILITARY 

INSTALLATIONS TO BE CLOSED.

(a) CLOSURES UNDER 1988 ACT.—(1) Section 204(b) of the Defense Authorization Amendments and Base 

Closure and Realignment Act (title II of Public Law 100-526; 10 U.S.C. 2687 note) is amended—

(A) in paragraph (2)(E), by striking out “paragraphs (3) and (4)” and inserting in lieu thereof 

“paragraphs (3) through (6)”;
Base Closure Community Assistance Act (Pub. L. 103-160, Title XXIX, Subtitle A)

B-4 December 1997

(B) by redesignating paragraph (4) as paragraph (7); and

(C) by striking out paragraph (3) and inserting in lieu thereof the following new paragraph (3):

“(3)(A) Not later than 6 months after the date of the enactment of the National Defense Authorization Act 

for Fiscal Year 1994, the Secretary, in consultation with the redevelopment authority with respect to each 

military installation to be closed under this title after such date of enactment, shall—

“(i) inventory the personal property located at the installation; and 

“(ii) identify the items (or categories of items) of such personal property that the Secretary 

determines to be related to real property and anticipates will support the implementation of the 

redevelopment plan with respect to the installation.

“(B) If no redevelopment authority referred to in subparagraph (A) exists with respect to an installation, 

the Secretary shall consult with—

“(i) the local government in whose jurisdiction the installation is wholly located; or

“(ii) a local government agency or State government agency designated for the purpose of such 

consultation by the chief executive officer of the State in which the installation is located.

“(C)(i) Except as provided in subparagraphs (E) and (F), the Secretary may not carry out any of the 

activities referred to in clause (ii) with respect to an installation referred to in that clause until the earlier 

of—

“(I) one week after the date on which the redevelopment plan for the installation is submitted 

to the Secretary;

“(II) the date on which the redevelopment authority notifies the Secretary that it will not 

submit such a plan;

“(III) twenty-four months after the date referred to in subparagraph (A); or

“(IV) ninety days before the date of the closure of the installation.

“(ii) The activities referred to in clause (i) are activities relating to the closure of an installation to 

be closed under this title as follows:

“(I) The transfer from the installation of items of personal property at the installation identified 

in accordance with subparagraph (A).

“(II) The reduction in maintenance and repair of facilities or equipment located at the 

installation below the minimum levels required to support the use of such facilities or equipment 

for nonmilitary purposes.

“(D) Except as provided in paragraph (4), the Secretary may not transfer items of personal property 

located at an installation to be closed under this title to another installation, or dispose of such items, if 

such items are identified in the redevelopment plan for the installation as items essential to the reuse or 

redevelopment of the installation.

“(E) This paragraph shall not apply to any related personal property located at an installation to be 

closed under this title if the property—

“(i) is required for the operation of a unit, function, component, weapon, or weapons system at 

another installation;

“(ii) is uniquely military in character, and is likely to have no civilian use (other than use for its 

material content or as a source of commonly used components);

“(iii) is not required for the reutilization or redevelopment of the installation (as jointly determined 

by the Secretary and the redevelopment authority);

“(iv) is stored at the installation for purposes of distribution (including spare parts or stock items); 

or

“(v)(I) meets known requirements of an authorized program of another Federal department or 

agency for which expenditures for similar property would be necessary, and (II) is the subject of a 

written request by the head of the department or agency.

“(F) Notwithstanding subparagraphs (C)(i) and (D), the Secretary may carry out any activity referred to 

in subparagraph (C)(ii) or (D) if the Secretary determines that the carrying out of such activity is in the 

national security interest of the United States.”.

(2) Section 204(b)(7)(A)(ii) of such Act, as redesignated by paragraph (1)(B), is amended by striking out 

“paragraph (3)” and inserting in lieu thereof “paragraphs (3) through (6)”.
DoD Base Reuse Implementation Manual

December 1997 B-5

(b) CLOSURES UNDER 1990 ACT.—Section 2905(b) of the Defense Base Closure and Realignment Act of 1990 

(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is amended—

(1) in paragraph (2)(A), by inserting “and paragraphs (3), (4), (5), and (6)” after “Subject to subparagraph 

(C)”; and

(2) by adding at the end the following:

“(3)(A) Not later than 6 months after the date of approval of the closure of a military installation under this 

part, the Secretary, in consultation with the redevelopment authority with respect to the installation, shall—

“(i) inventory the personal property located at the installation; and

“(ii) identify the items (or categories of items) of such personal property that the Secretary 

determines to be related to real property and anticipates will support the implementation of the 

redevelopment plan with respect to the installation.

“(B) If no redevelopment authority referred to in subparagraph (A) exists with respect to an installation, 

the Secretary shall consult with—

“(i) the local government in whose jurisdiction the installation is wholly located; or

“(ii) a local government agency or State government agency designated for the purpose of such 

consultation by the chief executive officer of the State in which the installation is located.

“(C)(i) Except as provided in subparagraphs (E) and (F), the Secretary may not carry out any of the 

activities referred to in clause (ii) with respect to an installation referred to in that clause until the earlier 

of—

“(I) one week after the date on which the redevelopment plan for the installation is submitted 

to the Secretary;

“(II) the date on which the redevelopment authority notifies the Secretary that it will not 

submit such a plan;

“(III) twenty-four months after the date of approval of the closure of the installation; or

“(IV) ninety days before the date of the closure of the installation.

“(ii) The activities referred to in clause (i) are activities relating to the closure of an installation to 

be closed under this part as follows:

“(I) The transfer from the installation of items of personal property at the installation identified 

in accordance with subparagraph (A).

“(II) The reduction in maintenance and repair of facilities or equipment located at the 

installation below the minimum levels required to support the use of such facilities or equipment 

for nonmilitary purposes.

“(D) Except as provided in paragraph (4), the Secretary may not transfer items of personal property 

located at an installation to be closed under this part to another installation, or dispose of such items, if 

such items are identified in the redevelopment plan for the installation as items essential to the reuse or 

redevelopment of the installation.

“(E) This paragraph shall not apply to any personal property located at an installation to be closed 

under this part if the property—

“(i) is required for the operation of a unit, function, component, weapon, or weapons system at 

another installation;

“(ii) is uniquely military in character, and is likely to have no civilian use (other than use for its 

material content or as a source of commonly used components);

“(iii) is not required for the reutilization or redevelopment of the installation (as jointly determined 

by the Secretary and the redevelopment authority);

“(iv) is stored at the installation for purposes of distribution (including spare parts or stock items); 

or

“(v)(I) meets known requirements of an authorized program of another Federal department or 

agency for which expenditures for similar property would be necessary, and (II) is the subject of a 

written request by the head of the department or agency.

“(F) Notwithstanding subparagraphs (C)(i) and (D), the Secretary may carry out any activity referred to 

in subparagraph (C)(ii) or (D) if the Secretary determines that the carrying out of such activity is in the 

national security interest of the United States.”.
Base Closure Community Assistance Act (Pub. L. 103-160, Title XXIX, Subtitle A)

B-6 December 1997

(c) APPLICABILITY.—For the purposes of section 2905(b)(3) of the Defense Base Closure and Realignment Act 

of 1990, as added by subsection (b), the date of approval of closure of any installation approved for closure before 

the date of the enactment of this Act shall be deemed to be the date of the enactment of this Act.

SEC. 2903. AUTHORITY TO TRANSFER PROPERTY AT CLOSED INSTALLATIONS TO AFFECTED 

COMMUNITIES AND STATES.

(a) AUTHORITY UNDER 1988 ACT.—Section 204(b) of the Defense Authorization Amendments and Base 

Closure and Realignment Act (title II of Public Law 100-526; 10 U.S.C. 2687 note), as amended by section 

2902(a), is further amended by adding after paragraph (3), as so added, the following:

“(4)(A) The Secretary may transfer real property and personal property located at a military installation to 

be closed under this title to the redevelopment authority with respect to the installation.

“(B)(i)(I) Except as provided in clause (ii), the transfer of property under subparagraph (A) may be for 

consideration at or below the estimated fair market value of the property transferred or without 

consideration. Such consideration may include consideration in kind (including goods and services), real 

property and improvements, or such other consideration as the Secretary considers appropriate. The 

Secretary shall determine the estimated fair market value of the property to be transferred under this 

subparagraph before carrying out such transfer.

“(II) The Secretary shall prescribe regulations that set forth guidelines for determining the 

amount, if any, of consideration required for a transfer under this paragraph. Such regulations 

shall include a requirement that, in the case of each transfer under this paragraph for 

consideration below the estimated fair market value of the property transferred, the Secretary 

provide an explanation why the transfer is not for the estimated fair market value of the property 

transferred (including an explanation why the transfer cannot be carried out in accordance with 

the authority provided to the Secretary pursuant to paragraph (1) or (2)).

“(ii) The transfer of property under subparagraph (A) shall be without consideration in the case of 

any installation located in a rural area whose closure under this title will have a substantial adverse 

impact (as determined by the Secretary) on the economy of the communities in the vicinity of the 

installation and on the prospect for the economic recovery of such communities from such closure. 

The Secretary shall prescribe in the regulations under clause (i)(II) the manner of determining 

whether communities are eligible for the transfer of property under this clause.

“(iii) In the case of a transfer under subparagraph (A) for consideration below the fair market value 

of the property transferred, the Secretary may recoup from the transferee of such property such 

portion as the Secretary determines appropriate of the amount, if any, by which the sale or lease of 

such property by such transferee exceeds the amount of consideration paid to the Secretary for such 

property by such transferee. The Secretary shall prescribe regulations for determining the amount of 

recoupment under this clause.

“(C)(i) The transfer of personal property under subparagraph (A) shall not be subject to the provisions 

of sections 202 and 203 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 483, 

484) if the Secretary determines that the transfer of such property is necessary for the effective 

implementation of a redevelopment plan with respect to the installation at which such property is located.

“(ii) The Secretary may, in lieu of the transfer of property referred to in subparagraph (A), transfer 

personal property similar to such property (including property not located at the installation) if the 

Secretary determines that the transfer of such similar property is in the interest of the United States.

“(D) The provisions of section 120(h) of the Comprehensive Environmental Response, Compensation, 

and Liability Act of 1980 (42 U.S.C. 9620(h)) shall apply to any transfer of real property under this 

paragraph.

“(E) The Secretary may require any additional terms and conditions in connection with a transfer under 

this paragraph as such Secretary considers appropriate to protect the interests of the United States.”.

(b) AUTHORITY UNDER 1990 ACT.—Section 2905(b) of the Defense Base Closure and Realignment Act of 1990 

(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note), as amended by section 2902(b), is further 

amended by adding at the end the following:
DoD Base Reuse Implementation Manual

December 1997 B-7

“(4)(A) The Secretary may transfer real property and personal property located at a military installation to 

be closed under this part to the redevelopment authority with respect to the installation.

“(B)(i)(I) Except as provided in clause (ii), the transfer of property under subparagraph (A) may be for 

consideration at or below the estimated fair market value of the property transferred or without 

consideration. Such consideration may include consideration in kind (including goods and services), real 

property and improvements, or such other consideration as the Secretary considers appropriate. The 

Secretary shall determine the estimated fair market value of the property to be transferred under this 

subparagraph before carrying out such transfer.

“(II) The Secretary shall prescribe regulations that set forth guidelines for determining the 

amount, if any, of consideration required for a transfer under this paragraph. Such regulations 

shall include a requirement that, in the case of each transfer under this paragraph for 

consideration below the estimated fair market value of the property transferred, the Secretary 

provide an explanation why the transfer is not for the estimated fair market value of the property 

transferred (including an explanation why the transfer cannot be carried out in accordance with 

the authority provided to the Secretary pursuant to paragraph (1) or (2)).

“(ii) The transfer of property under subparagraph (A) shall be without consideration in the case of 

any installation located in a rural area whose closure under this part will have a substantial adverse 

impact (as determined by the Secretary) on the economy of the communities in the vicinity of the 

installation and on the prospect for the economic recovery of such communities from such closure. 

The Secretary shall prescribe in the regulations under clause (i)(II) the manner of determining 

whether communities are eligible for the transfer of property under this clause.

“(iii) In the case of a transfer under subparagraph (A) for consideration below the fair market value 

of the property transferred, the Secretary may recoup from the transferee of such property such 

portion as the Secretary determines appropriate of the amount, if any, by which the sale or lease of 

such property by such transferee exceeds the amount of consideration paid to the Secretary for such 

property by such transferee. The Secretary shall prescribe regulations for determining the amount of 

recoupment under this clause.

“(C)(i) The transfer of personal property under subparagraph (A) shall not be subject to the provisions 

of sections 202 and 203 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 483, 

484) if the Secretary determines that the transfer of such property is necessary for the effective 

implementation of a redevelopment plan with respect to the installation at which such property is located.

“(ii) The Secretary may, in lieu of the transfer of property referred to in subparagraph (A), transfer 

property similar to such property (including property not located at the installation) if the Secretary 

determines that the transfer of such similar property is in the interest of the United States.

“(D) The provisions of section 120(h) of the Comprehensive Environmental Response, Compensation, 

and Liability Act of 1980 (42 U.S.C. 9620(h)) shall apply to any transfer of real property under this 

paragraph.

“(E) The Secretary may require any additional terms and conditions in connection with a transfer under 

this paragraph as such Secretary considers appropriate to protect the interests of the United States.”.

(c) CONSIDERATION OF ECONOMIC NEEDS.—In order to maximize the local and regional benefit from the 

reutilization and redevelopment of military installations that are closed, or approved for closure, pursuant to the 

operation of a base closure law, the Secretary of Defense shall consider locally and regionally delineated economic 

development needs and priorities into the process by which the Secretary disposes of real property and personal 

property as part of the closure of a military installation under a base closure law. In determining such needs and 

priorities, the Secretary shall take into account the redevelopment plan developed for the military installation 

involved. The Secretary shall ensure that the needs of the homeless in the communities affected by the closure of 

such installations are taken into consideration in the redevelopment plan with respect to such installations.

(d) COOPERATION.—The Secretary of Defense shall cooperate with the State in which a military installation 

referred to in subsection (c) is located, with the redevelopment authority with respect to the installation, and with 

local governments and other interested persons in communities located near the installation in implementing the 

entire process of disposal of the real property and personal property at the installation.
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B-8 December 1997

SEC. 2904. EXPEDITED DETERMINATION OF TRANSFERABILITY OF EXCESS PROPERTY OF 

INSTALLATIONS TO BE CLOSED.

(a) DETERMINATIONS UNDER 1988 ACT.—Section 204(b) of the Defense Authorization Amendments and Base 

Closure and Realignment Act (title II of Public Law 100-526; 10 U.S.C. 2687 note), as amended by section 

2903(a), is further amended by adding after paragraph (4), as so added, the following:

“(5)(A) Except as provided in subparagraph (B), the Secretary shall take such actions as the Secretary 

determines necessary to ensure that final determinations under subsection (b)(1) regarding whether another 

department or agency of the Federal Government has identified a use for any portion of a military installation 

to be closed under this title after the date of the enactment of the National Defense Authorization Act for 

Fiscal Year 1994, or will accept transfer of any portion of such installation, are made not later than 6 months 

after such date of enactment.

“(B) The Secretary may, in consultation with the redevelopment authority with respect to an 

installation, postpone making the final determinations referred to in subparagraph (A) with respect to the 

installation for such period as the Secretary determines appropriate if the Secretary determines that such 

postponement is in the best interests of the communities affected by the closure of the installation.”.

(b) DETERMINATIONS UNDER 1990 ACT.—Section 2905(b) of the Defense Base Closure and Realignment Act of 

1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note), as amended by section 2903(b), is further 

amended by adding at the end the following:

“(5)(A) Except as provided in subparagraph (B), the Secretary shall take such actions as the Secretary 

determines necessary to ensure that final determinations under subsection (b)(1) regarding whether another 

department or agency of the Federal Government has identified a use for any portion of a military installation 

to be closed under this part, or will accept transfer of any portion of such installation, are made not later than 6 

months after the date of approval of closure of that installation.

“(B) The Secretary may, in consultation with the redevelopment authority with respect to an 

installation, postpone making the final determinations referred to in subparagraph (A) with respect to the 

installation for such period as the Secretary determines appropriate if the Secretary determines that such 

postponement is in the best interests of the communities affected by the closure of the installation.”.

(c) APPLICABILITY.—The Secretary of Defense shall make the determinations required under section 2905(b)(5) 

of the Defense Base Closure and Realignment Act of 1990, as added by subsection (b), in the case of installations 

approved for closure under such Act before the date of the enactment of this Act, not later than 6 months after the 

date of the enactment of this Act.

SEC. 2905. AVAILABILITY OF PROPERTY FOR ASSISTING THE HOMELESS.

(a) AVAILABILITY OF PROPERTY UNDER 1988 ACT.—Section 204(b) of the Defense Authorization Amendments 

and Base Closure and Realignment Act (title II of Public Law 100-526; 10 U.S.C. 2687 note), as amended by 

section 2904(a), is further amended by adding after paragraph (5), as so added, the following:

“(6)(A) Except as provided in this paragraph, nothing in this section shall limit or otherwise affect the 

application of the provisions of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11301 et seq.) 

to military installations closed under this title.

“(B)(i) Not later than the date on which the Secretary of Defense completes the determination under 

paragraph (5) of the transferability of any portion of an installation to be closed under this title, the 

Secretary shall—

“(I) complete any determinations or surveys necessary to determine whether any building or 

property referred to in clause (ii) is excess property, surplus property, or unutilized or 

underutilized property for the purpose of the information referred to in section 501(a) of such Act 

(42 U.S.C. 11411(a)); and

“(II) submit to the Secretary of Housing and Urban Development information on any building 

or property that is so determined.

“(ii) The buildings and property referred to in clause (i) are any buildings or property located at an 

installation referred to in that clause for which no use is identified, or of which no Federal department 
DoD Base Reuse Implementation Manual

December 1997 B-9

or agency will accept transfer, pursuant to the determination of transferability referred to in that 

clause.

“(C) Not later than 60 days after the date on which the Secretary of Defense submits information to the

Secretary of Housing and Urban Development under subparagraph (B)(ii), the Secretary of Housing and 

Urban Development shall—

“(i) identify the buildings and property described in such information that are suitable for use to 

assist the homeless;

“(ii) notify the Secretary of Defense of the buildings and property that are so identified;

“(iii) publish in the Federal Register a list of the buildings and property that are so identified, 

including with respect to each building or property the information referred to in section 501(c)(1)(B) 

of such Act; and

“(iv) make available with respect to each building and property the information referred to in 

section 501(c)(1)(C) of such Act in accordance with such section 501(c)(1)(C).

“(D) Any buildings and property included in a list published under subparagraph (C)(iii) shall be 

treated as property available for application for use to assist the homeless under section 501(d) of such 

Act.

“(E) The Secretary of Defense shall make available in accordance with section 501(f) of such Act any 

buildings or property referred to in subparagraph (D) for which—

“(i) a written notice of an intent to use such buildings or property to assist the homeless is received 

by the Secretary of Health and Human Services in accordance with section 501(d)(2) of such Act;

“(ii) an application for use of such buildings or property for such purpose is submitted to the 

Secretary of Health and Human Services in accordance with section 501(e)(2) of such Act; and

“(iii) the Secretary of Health and Human Services—

“(I) completes all actions on the application in accordance with section 501(e)(3) of such Act; 

and

“(II) approves the application under section 501(e) of such Act.

“(F)(i) Subject to clause (ii), a redevelopment authority may express in writing an interest in using 

buildings and property referred to in subparagraph (D), or use such buildings and property, in accordance 

with the redevelopment plan with respect to the installation at which such buildings and property are 

located as follows:

“(I) If no written notice of an intent to use such buildings or property to assist the homeless is 

received by the Secretary of Health and Human Services in accordance with section 501(d)(2) of 

such Act during the 60-day period beginning on the date of the publication of the buildings and 

property under subparagraph (C)(iii).

“(II) In the case of buildings and property for which such notice is so received, if no completed 

application for use of the buildings or property for such purpose is received by the Secretary of 

Health and Human Services in accordance with section 501(e)(2) of such Act during the 90-day 

period beginning on the date of the receipt of such notice.

“(III) In the case of building and property for which such application is so received, if the 

Secretary of Health and Human Services rejects the application under section 501(e) of such Act.

“(ii) Buildings and property shall be available only for the purpose of permitting a redevelopment 

authority to express in writing an interest in the use of such buildings and property, or to use such 

buildings and property, under clause (i) as follows:

“(I) In the case of buildings and property referred to in clause (i)(I), during the one-year period 

beginning on the first day after the 60-day period referred to in that clause.

“(II) In the case of buildings and property referred to in clause (i)(II), during the one-year 

period beginning on the first day after the 90-day period referred to in that clause.

“(III) In the case of buildings and property referred to in clause (i)(III), during the one-year 

period beginning on the date of the rejection of the application referred to in that clause.

“(iii) A redevelopment authority shall express an interest in the use of buildings and property under 

this subparagraph by notifying the Secretary of Defense, in writing, of such an interest.
Base Closure Community Assistance Act (Pub. L. 103-160, Title XXIX, Subtitle A)

B-10 December 1997

“(G)(i) Buildings and property available for a redevelopment authority under subparagraph (F) shall not 

be available for use to assist the homeless under section 501 of such Act while so available for a 

redevelopment authority.

“(ii) If a redevelopment authority does not express an interest in the use of buildings or property, or 

commence the use of buildings or property, under subparagraph (F) within the applicable time 

periods specified in clause (ii) of such subparagraph, such buildings or property shall be treated as 

property available for use to assist the homeless under section 501(a) of such Act.”.

(b) AVAILABILITY OF PROPERTY UNDER 1990 ACT.—Section 2905(b) of the Defense Base Closure and 

Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note), as amended by 

section 2904(b), is further amended by adding at the end the following:

“(6)(A) Except as provided in this paragraph, nothing in this section shall limit or otherwise affect the 

application of the provisions of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11301 et seq.) 

to military installations closed under this part.

“(B)(i) Not later than the date on which the Secretary of Defense completes the determination under 

paragraph (5) of the transferability of any portion of an installation to be closed under this part, the 

Secretary shall—

“(I) complete any determinations or surveys necessary to determine whether any building or 

property referred to in clause (ii) is excess property, surplus property, or unutilized or 

underutilized property for the purpose of the information referred to in section 501(a) of such Act 

(42 U.S.C. 11411(a)); and

“(II) submit to the Secretary of Housing and Urban Development information on any building 

or property that is so determined.

“(ii) The buildings and property referred to in clause (i) are any buildings or property located at an 

installation referred to in that clause for which no use is identified, or of which no Federal department 

or agency will accept transfer, pursuant to the determination of transferability referred to in that 

clause.

“(C) Not later than 60 days after the date on which the Secretary of Defense submits information to the 

Secretary of Housing and Urban Development under subparagraph (B)(ii), the Secretary of Housing and 

Urban Development shall—

“(i) identify the buildings and property described in such information that are suitable for use to 

assist the homeless;

“(ii) notify the Secretary of Defense of the buildings and property that are so identified;

“(iii) publish in the Federal Register a list of the buildings and property that are so identified, 

including with respect to each building or property the information referred to in section 501(c)(1)(B) 

of such Act; and

“(iv) make available with respect to each building and property the information referred to in 

section 501(c)(1)(C) of such Act in accordance with such section 501(c)(1)(C).

“(D) Any buildings and property included in a list published under subparagraph (C)(iii) shall be 

treated as property available for application for use to assist the homeless under section 501(d) of such 

Act.

“(E) The Secretary of Defense shall make available in accordance with section 501(f) of such Act any 

buildings or property referred to in subparagraph (D) for which—

“(i) a written notice of an intent to use such buildings or property to assist the homeless is received 

by the Secretary of Health and Human Services in accordance with section 501(d)(2) of such Act;

“(ii) an application for use of such buildings or property for such purpose is submitted to the 

Secretary of Health and Human Services in accordance with section 501(e)(2) of such Act; and

“(iii) the Secretary of Health and Human Services—

“(I) completes all actions on the application in accordance with section 501(e)(3) of such Act; 

and

“(II) approves the application under section 501(e) of such Act.

“(F)(i) Subject to clause (ii), a redevelopment authority may express in writing an interest in using 

buildings and property referred to subparagraph (D), or use such buildings and property, in accordance 
DoD Base Reuse Implementation Manual

December 1997 B-11

with the redevelopment plan with respect to the installation at which such buildings and property are 

located as follows:

“(I) If no written notice of an intent to use such buildings or property to assist the homeless is 

received by the Secretary of Health and Human Services in accordance with section 501(d)(2) of 

such Act during the 60-day period beginning on the date of the publication of the buildings and 

property under subparagraph (C)(iii).

“(II) In the case of buildings and property for which such notice is so received, if no completed 

application for use of the buildings or property for such purpose is received by the Secretary of 

Health and Human Services in accordance with section 501(e)(2) of such Act during the 90-day 

period beginning on the date of the receipt of such notice.

“(III) In the case of buildings and property for which such application is so received, if the 

Secretary of Health and Human Services rejects the application under section 501(e) of such Act.

“(ii) Buildings and property shall be available only for the purpose of permitting a redevelopment 

authority to express in writing an interest in the use of such buildings and property, or to use such 

buildings and property, under clause (i) as follows:

“(I) In the case of buildings and property referred to in clause (i)(I), during the one-year period 

beginning on the first day after the 60-day period referred to in that clause.

“(II) In the case of buildings and property referred to in clause (i)(II), during the one-year 

period beginning on the first day after the 90-day period referred to in that clause.

“(III) In the case of buildings and property referred to in clause (i)(III), during the one-year 

period beginning on the date of the rejection of the application referred to in that clause.

“(iii) A redevelopment authority shall express an interest in the use of buildings and property under 

this subparagraph by notifying the Secretary of Defense, in writing, of such an interest.

“(G)(i) Buildings and property available for a redevelopment authority under subparagraph (F) shall not 

be available for use to assist the homeless under section 501 of such Act while so available for a 

redevelopment authority.

“(ii) If a redevelopment authority does not express an interest in the use of buildings or property, or 

commence the use of buildings or property, under subparagraph (F) within the applicable time 

periods specified in clause (ii) of such subparagraph, such buildings or property shall be treated as 

property available for use to assist the homeless under section 501(a) of such Act.”.

SEC. 2906. AUTHORITY TO LEASE CERTAIN PROPERTY AT INSTALLATIONS TO BE CLOSED.

(a) LEASE AUTHORITY.—Subsection (f) of section 2667 of title 10, United States Code, is amended to read as 

follows:

“(f)(1) Notwithstanding subsection (a)(3), pending the final disposition of real property and personal property 

located at a military installation to be closed or realigned under a base closure law, the Secretary of the military 

department concerned may lease the property to any individual or entity under this subsection if the Secretary 

determines that such a lease would facilitate State or local economic adjustment efforts.

“(2) Notwithstanding subsection (b)(4), the Secretary concerned may accept consideration in an amount that 

is less than the fair market value of the lease interest if the Secretary concerned determines that—

“(A) a public interest will be served as a result of the lease; and

“(B) the fair market value of the lease is (i) unobtainable, or (ii) not compatible with such public benefit.

“(3) Before entering into any lease under this subsection, the Secretary shall consult with the Administrator 

of the Environmental Protection Agency in order to determine whether the environmental condition of the 

property proposed for leasing is such that the lease of the property is advisable. The Secretary and the 

Administrator shall enter into a memorandum of understanding setting forth procedures for carrying out the 

determinations under this paragraph.”.

(b) DEFINITION.—Such section is further amended by adding at the end the following new subsection:

“(g) In this section, the term ‘base closure law’ means each of the following:

“(1) The Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 

10 U.S.C. 2687 note).
Base Closure Community Assistance Act (Pub. L. 103-160, Title XXIX, Subtitle A)

B-12 December 1997

“(2) Title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 

100-526; 10 U.S.C. 2687 note).

“(3) Section 2687 of this title.”.

SEC. 2907. AUTHORITY TO CONTRACT FOR CERTAIN SERVICES AT INSTALLATIONS BEING 

CLOSED.

(a) BASE CLOSURES UNDER 1988 ACT.—Section 204(b) of the Defense Authorization Amendments and Base 

Closure and Realignment Act (title II of Public Law 100-526; 10 U.S.C. 2687 note), as amended by section 

2902(a)(1)(B), is further amended by adding at the end the following:

“(8)(A) Subject to subparagraph (C), the Secretary may contract with local governments for the provision of 

police services, fire protection services, airfield operation services, or other community services by such 

governments at military installations to be closed under this title if the Secretary determines that the provision 

of such services under such contracts is in the best interests of the Department of Defense.

“(B) The Secretary may exercise the authority provided under this paragraph without regard to the 

provisions of chapter 146 of title 10, United States Code.

“(C) The Secretary may not exercise the authority under subparagraph (A) with respect to an 

installation earlier than 180 days before the date on which the installation is to be closed.

“(D) The Secretary shall include in a contract for services entered into with a local government under

this paragraph a clause that requires the use of professionals to furnish the services to the extent that 

professionals are available in the area under the jurisdiction of such government.”.

(b) BASE CLOSURES UNDER 1990 ACT.—Section 2905(b) of the Defense Base Closure and Realignment Act of 

1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note), as amended by section 2905(b) of this 

Act, is further amended by adding at the end the following:

“(7)(A) Subject to subparagraph (C), the Secretary may contract with local governments for the provision of 

police services, fire protection services, airfield operation services, or other community services by such 

governments at military installations to be closed under this part if the Secretary determines that the provision 

of such services under such contracts is in the best interests of the Department of Defense.

“(B) The Secretary may exercise the authority provided under this paragraph without regard to the 

provisions of chapter 146 of title 10, United States Code.

“(C) The Secretary may not exercise the authority under subparagraph (A) with respect to an 

installation earlier than 180 days before the date on which the installation is to be closed.

“(D) The Secretary shall include in a contract for services entered into with a local government under 

this paragraph a clause that requires the use of professionals to furnish the services to the extent that 

professionals are available in the area under the jurisdiction of such government.”.

SEC. 2908. AUTHORITY TO TRANSFER PROPERTY AT MILITARY INSTALLATIONS TO BE

CLOSED TO PERSONS PAYING THE COST OF ENVIRONMENTAL RESTORATION ACTIVITIES 

ON THE PROPERTY.

(a) BASE CLOSURES UNDER 1988 ACT.—Section 204 of the Defense Authorization Amendments and Base 

Closure and Realignment Act (title II of Public Law 100-526; 10 U.S.C. 2687 note) is amended by adding at the 

end the following new subsection:

“(d) TRANSFER AUTHORITY IN CONNECTION WITH PAYMENT OF ENVIRONMENTAL REMEDIATION COSTS.—

(1)(A) Subject to paragraph (2) of this subsection and section 120(h) of the Comprehensive Environmental 

Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)), the Secretary may enter into an 

agreement to transfer by deed real property or facilities referred to in subparagraph (B) with any person who agrees 

to perform all environmental restoration, waste management, and environmental compliance activities that are 

required for the property or facilities under Federal and State laws, administrative decisions, agreements (including 

schedules and milestones), and concurrences.

“(B) The real property and facilities referred to in subparagraph (A) are the real property and facilities 

located at an installation closed or to be closed under this title that are available exclusively for the use, or 
DoD Base Reuse Implementation Manual

December 1997 B-13

expression of an interest in a use, of a redevelopment authority under subsection (b)(6)(F) during the 

period provided for that use, or expression of interest in use, under that subsection.

“(C) The Secretary may require any additional terms and conditions in connection with an agreement 

authorized by subparagraph (A) as the Secretary considers appropriate to protect the interests of the 

United States.

“(2) A transfer of real property or facilities may be made under paragraph (1) only if the Secretary certifies 

to Congress that—

“(A) the costs of all environmental restoration, waste management, and environmental compliance 

activities to be paid by the recipient of the property or facilities are equal to or greater than the fair market 

value of the property or facilities to be transferred, as determined by the Secretary; or

“(B) if such costs are lower than the fair market value of the property or facilities, the recipient of the 

property or facilities agrees to pay the difference between the fair market value and such costs.

“(3) As part of an agreement under paragraph (1), the Secretary shall disclose to the person to whom the 

property or facilities will be transferred any information of the Secretary regarding the environmental 

restoration, waste management, and environmental compliance activities described in paragraph (1) that relate 

to the property or facilities. The Secretary shall provide such information before entering into the agreement.

“(4) Nothing in this subsection shall be construed to modify, alter, or amend the Comprehensive 

Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) or the Solid 

Waste Disposal Act (42 U.S.C. 6901 et seq.).

“(5) Section 330 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484; 10 

U.S.C. 2687 note) shall not apply to any transfer under this subsection to persons or entities described in 

subsection (a)(2) of such section 330.

“(6) The Secretary may not enter into an agreement to transfer property or facilities under this subsection 

after the expiration of the five-year period beginning on the date of the enactment of the National Defense 

Authorization Act for Fiscal Year 1994.”.

(b) BASE CLOSURES UNDER 1990 ACT.—Section 2905 of the Defense Base Closure and Realignment Act of 

1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is amended by adding at the end the 

following new subsection:

“(e) TRANSFER AUTHORITY IN CONNECTION WITH PAYMENT OF ENVIRONMENTAL REMEDIATION COSTS.—

(1)(A) Subject to paragraph (2) of this subsection and section 120(h) of the Comprehensive Environmental 

Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)), the Secretary may enter into an 

agreement to transfer by deed real property or facilities referred to in subparagraph (B) with any person who agrees 

to perform all environmental restoration, waste management, and environmental compliance activities that are 

required for the property or facilities under Federal and State laws, administrative decisions, agreements (including 

schedules and milestones), and concurrences.

“(B) The real property and facilities referred to in subparagraph (A) are the real property and facilities 

located at an installation closed or to be closed under this part that are available exclusively for the use, or 

expression of an interest in a use, of a redevelopment authority under subsection (b)(6)(F) during the 

period provided for that use, or expression of interest in use, under that subsection.

“(C) The Secretary may require any additional terms and conditions in connection with an agreement 

authorized by subparagraph (A) as the Secretary considers appropriate to protect the interests of the 

United States.

“(2) A transfer of real property or facilities may be made under paragraph (1) only if the Secretary certifies 

to Congress that—

“(A) the costs of all environmental restoration, waste management, and environmental compliance 

activities to be paid by the recipient of the property or facilities are equal to or greater than the fair market 

value of the property or facilities to be transferred, as determined by the Secretary; or

“(B) if such costs are lower than the fair market value of the property or facilities, the recipient of the 

property or facilities agrees to pay the difference between the fair market value and such costs.

“(3) As part of an agreement under paragraph (1), the Secretary shall disclose to the person to whom the 

property or facilities will be transferred any information of the Secretary regarding the environmental 
Base Closure Community Assistance Act (Pub. L. 103-160, Title XXIX, Subtitle A)

B-14 December 1997

restoration, waste management, and environmental compliance activities described in paragraph (1) that relate 

to the property or facilities. The Secretary shall provide such information before entering into the agreement.

“(4) Nothing in this subsection shall be construed to modify, alter, or amend the Comprehensive 

Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) or the Solid 

Waste Disposal Act (42 U.S.C. 6901 et seq.).

“(5) Section 330 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484; 10 

U.S.C. 2687 note) shall not apply to any transfer under this subsection to persons or entities described in 

subsection (a)(2) of such section 330.

“(6) The Secretary may not enter into an agreement to transfer property or facilities under this subsection 

after the expiration of the five-year period beginning on the date of the enactment of the National Defense 

Authorization Act for Fiscal Year 1994.”.

(c) REGULATIONS.—Not later than nine months after the date of the enactment of this Act, the Secretary of 

Defense, in consultation with the Administrator of the Environmental Protection Agency, shall prescribe any 

regulations necessary to carry out subsection (d) of section 204 of the Defense Authorization Amendments and 

Base Closure and Realignment Act (title II of Public Law 100-526; 10 U.S.C. 2687 note), as added by subsection 

(a), and subsection (e) of section 2905 of the Defense Base Closure and Realignment Act of 1990 (part A of title 

XXIX of Public Law 101-510; 10 U.S.C. 2687 note), as added by subsection (b).

SEC. 2909. SENSE OF CONGRESS ON AVAILABILITY OF SURPLUS MILITARY EQUIPMENT.

(a) SENSE OF CONGRESS.—It is the sense of Congress that the Secretary of Defense take all actions that the 

Secretary determines practicable to make available the military equipment referred to in subsection (b) to 

communities suffering significant adverse economic circumstances as a result of the closure of military 

installations.

(b) COVERED EQUIPMENT.—The equipment referred to in subsection (a) is surplus military equipment that—

(1) is scheduled for retirement or disposal as a result of reductions in the size of the Armed Forces or the 

closure or realignment of a military installation under a base closure law;

(2) is important (as determined by the Secretary) to the economic development efforts of the communities 

referred to in subsection (a); and

(3) has no other military uses (as so determined).

SEC. 2910. IDENTIFICATION OF UNCONTAMINATED PROPERTY AT INSTALLATIONS TO BE 

CLOSED.

The identification by the Secretary of Defense required under section 120(h)(4)(A) of the Comprehensive 

Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)(4)(A)), and the 

concurrence required under section 120(h)(4)(B) of such Act, shall be made not later than the earlier of—

(1) the date that is 9 months after the date of the submittal, if any, to the transition coordinator for the 

installation concerned of a specific use proposed for all or a portion of the real property of the installation; or

(2) the date specified in section 120(h)(4)(C)(iii) of such Act.

SEC. 2911. COMPLIANCE WITH CERTAIN ENVIRONMENTAL REQUIREMENTS RELATING TO 

CLOSURE OF INSTALLATIONS.

Not later than 12 months after the date of the submittal to the Secretary of Defense of a redevelopment plan for 

an installation approved for closure under a base closure law, the Secretary of Defense shall, to the extent 

practicable, complete any environmental impact analyses required with respect to the installation, and with respect 

to the redevelopment plan, if any, for the installation, pursuant to the base closure law under which the installation 

is closed, and pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

SEC. 2912. PREFERENCE FOR LOCAL AND SMALL BUSINESSES.

(a) PREFERENCE REQUIRED.—In entering into contracts with private entities as part of the closure or 

realignment of a military installation under a base closure law, the Secretary of Defense shall give preference, to 
DoD Base Reuse Implementation Manual

December 1997 B-15

the greatest extent practicable, to qualified businesses located in the vicinity of the installation and to small 

business concerns and small disadvantaged business concerns. Contracts for which this preference shall be given 

shall include contracts to carry out activities for the environmental restoration and mitigation at military 

installations to be closed or realigned.

(b) DEFINITIONS.—In this section:

(1) The term “small business concern” means a business concern meeting the requirements of section 3 of 

the Small Business Act (15 U.S.C. 632).

(2) The term “small disadvantaged business concern” means the business concerns referred to in section 

637(d)(1) of such Act (15 U.S.C. 637(d)(1)).

(3) The term “base closure law” includes section 2687 of title 10, United States Code.

SEC. 2913. CONSIDERATION OF APPLICATIONS OF AFFECTED STATES AND COMMUNITIES 

FOR ASSISTANCE.

Section 2391(b) of title 10, United States Code, is amended by adding at the end the following:

“(6) To the extent practicable, the Secretary of Defense shall inform a State or local government applying 

for assistance under this subsection of the approval or rejection by the Secretary of the application for such 

assistance as follows:

“(A) Before the end of the 7-day period beginning on the date on which the Secretary receives the 

application, in the case of an application for a planning grant.

“(B) Before the end of the 30-day period beginning on such date, in the case of an application for 

assistance to carry out a community adjustments and economic diversifications program.

“(7)(A) In attempting to complete consideration of applications within the time period specified in 

paragraph (6), the Secretary of Defense shall give priority to those applications requesting assistance for a 

community described in subsection (f)(1).

“(B) If an application under paragraph (6) is rejected by the Secretary, the Secretary shall promptly 

inform the State or local government of the reasons for the rejection of the application.”.

SEC. 2914. CLARIFICATION OF UTILIZATION OF FUNDS FOR COMMUNITY ECONOMIC 

ADJUSTMENT ASSISTANCE.

(a) UTILIZATION OF FUNDS.—Subject to subsection (b), funds made available to the Economic Development 

Administration for economic adjustment assistance under section 4305 of the National Defense Authorization Act 

for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2700) may by utilized by the administration for administrative 

activities in support of the provision of such assistance.

(b) LIMITATION.—Not more than three percent of the funds referred to in subsection (a) may be utilized by the 

administration for the administrative activities referred to in such subsection.

SEC. 2915. TRANSITION COORDINATORS FOR ASSISTANCE TO COMMUNITIES AFFECTED BY 

THE CLOSURE OF INSTALLATIONS.

(a) IN GENERAL.—The Secretary of Defense shall designate a transition coordinator for each military 

installation to be closed under a base closure law. The transition coordinator shall carry out the activities for such 

coordinator set forth in subsection (c).

(b) TIMING OF DESIGNATION.—A transition coordinator shall be designated for an installation under subsection 

(a) as follows:

(1) Not later than 15 days after the date of approval of closure of the installation.

(2) In the case of installations approved for closure under a base closure law before the date of the enactment 

of this Act, not later than 15 days after such date of enactment.

(c) RESPONSIBILITIES.—A transition coordinator designated with respect to an installation shall—

(1) encourage, after consultation with officials of Federal and State departments and agencies concerned, the 

development of strategies for the expeditious environmental cleanup and restoration of the installation by the 

Department of Defense;
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B-16 December 1997

(2) assist the Secretary of the military department concerned in designating real property at the installation 

that has the potential for rapid and beneficial reuse or redevelopment in accordance with the redevelopment 

plan for the installation;

(3) assist such Secretary in identifying strategies for accelerating completion of environmental cleanup and 

restoration of the real property designated under paragraph (2);

(4) assist such Secretary in developing plans for the closure of the installation that take into account the 

goals set forth in the redevelopment plan for the installation;

(5) assist such Secretary in developing plans for ensuring that, to the maximum extent practicable, the 

Department of Defense carries out any activities at the installation after the closure of the installation in a 

manner that takes into account, and supports, the redevelopment plan for the installation;

(6) assist the Secretary of Defense in making determinations with respect to the transferability of property at 

the installation under section 204(b)(5) of the Defense Authorization Amendments and Base Closure and 

Realignment Act (title II of Public Law 100-526; 10 U.S.C. 2687 note), as added by section 2904(a) of this 

Act, and under section 2905(b)(5) of the Defense Base Closure and Realignment Act of 1990 (part A of title 

XXIX of Public Law 101-510; 10 U.S.C. 2687 note), as added by section 2904(b) of this Act, as the case may 

be;

(7) assist the local redevelopment authority with respect to the installation in identifying real property or 

personal property at the installation that may have significant potential for reuse or redevelopment in 

accordance with the redevelopment plan for the installation;

(8) assist the Office of Economic Adjustment of the Department of Defense and other departments and 

agencies of the Federal Government in coordinating the provision of assistance under transition assistance and 

transition mitigation programs with community redevelopment activities with respect to the installation;

(9) assist the Secretary of the military department concerned in identifying property located at the 

installation that may be leased in a manner consistent with the redevelopment plan for the installation; and

(10) assist the Secretary of Defense in identifying real property or personal property at the installation that 

may be utilized to meet the needs of the homeless by consulting with the Secretary of Housing and Urban 

Development and the local lead agency of the homeless, if any, referred to in section 210(b) of the Stewart B. 

McKinney Homeless Assistance Act (42 U.S.C. 11320(b)) for the State in which the installation is located.

SEC. 2916. SENSE OF CONGRESS ON SEMINARS ON REUSE OR REDEVELOPMENT OF 

PROPERTY AT INSTALLATIONS TO BE CLOSED.

It is the sense of Congress that the Secretary of Defense conduct seminars for each community in which is 

located a military installation to be closed under a base closure law. Any such seminar shall—

(1) be conducted within 6 months after the date of approval of closure of the installation concerned;

(2) address the various Federal programs for the reuse and redevelopment of the installation; and

(3) provide information about employment assistance (including employment assistance under Federal 

programs) available to members of such communities.

SEC. 2917. FEASIBILITY STUDY ON ASSISTING LOCAL COMMUNITIES AFFECTED BY THE 

CLOSURE OR REALIGNMENT OF MILITARY INSTALLATIONS.

(a) STUDY.—The Secretary of Defense shall conduct a study to determine the feasibility of assisting local 

communities recovering from the adverse economic impact of the closure or major realignment of a military 

installation under a base closure law by reserving for grants to the communities under section 2391(b) of title 10, 

United States Code, an amount equal to not less than 10 percent of the total projected savings to be realized by the 

Department of Defense in the first 10 years after the closure or major realignment of the installation as a result of 

the closure or realignment.

(b) REPORT.—Not later than March 1, 1994, the Secretary shall submit to Congress a report containing the 

results of the study required by this subsection. The report shall include—

(1) an estimate of the amount of the projected savings described in subsection (a) to be realized by the 

Department of Defense as a result of each base closure or major realignment approved before the date of the 

enactment of this Act; and
DoD Base Reuse Implementation Manual

December 1997 B-17

(2) a recommendation regarding the funding sources within the budget for the Department of Defense from 

which amounts for the grants described in subsection (a) could be derived.

SEC. 2918. DEFINITIONS.

(a) Subtitle A of Title XXIX.—In this subtitle:

(1) The term “base closure law” means the following:

(A) The provisions of title II of the Defense Authorization Amendments and Base Closure and 

Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note).

(B) The Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-

510; 10 U.S.C. 2687 note).

(2) The term “date of approval”, with respect to a closure or realignment of an installation, means the date

on which the authority of Congress to disapprove a recommendation of closure or realignment, as the case may 

be, of such installation under the applicable base closure law expires.

(3) The term “redevelopment authority”, in the case of an installation to be closed under a base closure law, 

means any entity (including an entity established by a State or local government) recognized by the Secretary 

of Defense as the entity responsible for developing the redevelopment plan with respect to the installation and 

for directing the implementation of such plan.

(4) The term “redevelopment plan”, in the case of an installation to be closed under a base closure law, 

means a plan that—

(A) is agreed to by the redevelopment authority with respect to the installation; and

(B) provides for the reuse or redevelopment of the real property and personal property of the installation 

that is available for such reuse and redevelopment as a result of the closure of the installation.

(b) BASE CLOSURE ACT 1988.—Section 209 of the Defense Authorization Amendments and Base Closure and 

Realignment Act (title II of Public Law 100-526; 10 U.S.C. 2687 note) is amended by adding at the end the 

following:

“(10) The term ‘redevelopment authority’, in the case of an installation to be closed under this title, means 

any entity (including an entity established by a State or local government) recognized by the Secretary of 

Defense as the entity responsible for developing the redevelopment plan with respect to the installation and for 

directing the implementation of such plan.

“(11) The term ‘redevelopment plan’ in the case of an installation to be closed under this title, means a plan 

that—

“(A) is agreed to by the redevelopment authority with respect to the installation; and

“(B) provides for the reuse or redevelopment of the real property and personal property of the 

installation that is available for such reuse or redevelopment as a result of the closure of the installation.”.

(c) BASE CLOSURE ACT 1990.—Section 2910 of the Defense Base Closure and Realignment Act of 1990 (part A 

of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is amended by adding at the end the following new 

paragraph:

“(8) The term ‘date of approval’, with respect to a closure or realignment of an installation, means the date 

on which the authority of Congress to disapprove a recommendation of closure or realignment, as the case may 

be, of such installation under this part expires.

“(9) The term ‘redevelopment authority’, in the case of an installation to be closed under this part, means 

any entity (including an entity established by a State or local government) recognized by the Secretary of 

Defense as the entity responsible for developing the redevelopment plan with respect to the installation and for 

directing the implementation of such plan.

“(10) The term ‘redevelopment plan’ in the case of an installation to be closed under this part, means a plan 

that—

“(A) is agreed to by the local redevelopment authority with respect to the installation; and

“(B) provides for the reuse or redevelopment of the real property and personal property of the 

installation that is available for such reuse and redevelopment as a result of the closure of the 

installation.”.
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B-18 December 1997

B-20 December 1997

Base Closure Community 

Redevelopment and Homeless 

Assistance Act of 1994 (Pub.L. 103-421)

Public Law 103-421

Enacted October 25, 1994

An Act

To revise and improve the process for disposing of buildings and property at military installations under the base 

closure laws.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may cited as the “Base Closure Community Redevelopment and Homeless Assistance Act of 1994”.

SEC. 2. DISPOSAL OF BUILDINGS AND PROPERTY AT MILITARY INSTALLATIONS APPROVED 

FOR CLOSURE.

(a) IN GENERAL.—Section 2905(b) of the Defense Base Closure and Realignment Act of 1990 (part A of title 

XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is amended—

(1) by redesignating paragraph (7) as paragraph (8); and

(2) by inserting after paragraph (6) the following new paragraph (7):

“(7)(A) Determinations of the use to assist the homeless of buildings and property located at installations 

approved for closure under this part after the date of the enactment of this paragraph shall be determined 

under this paragraph rather than paragraph (6).

“(B)(i) Not later than the date on which the Secretary of Defense completes the final determinations 

referred to in paragraph (5) relating to the use or transferability of any portion of an installation covered 

by this paragraph, the Secretary shall—

“(I) identify the buildings and property at the installation for which the Department of Defense 

has a use, for which another department or agency of the Federal Government has identified a 

use, or of which another department or agency will accept a transfer;

“(II) take such actions as are necessary to identify any building or property at the installation 

not identified under subclause (I) that is excess property or surplus property;

“(III) submit to the Secretary of Housing and Urban Development and to the redevelopment 

authority for the installation (or the chief executive officer of the State in which the installation is 

located if there is no redevelopment authority for the installation at the completion of the 

determination described in the stem of this sentence) information on any building or property 

that is identified under subclause (II); and

“(IV) publish in the Federal Register and in a newspaper of general circulation in the 

communities in the vicinity of the installation information on the buildings and property 

identified under subclause (II).

“(ii) Upon the recognition of a redevelopment authority for an installation covered by this 

paragraph, the Secretary of Defense shall publish in the Federal Register and in a newspaper of 
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December 1997 B-21

general circulation in the communities in the vicinity of the installation information on the 

redevelopment authority.

“(C)(i) State and local governments, representatives of the homeless, and other interested parties located 

in the communities in the vicinity of an installation covered by this paragraph shall submit to the 

redevelopment authority for the installation a notice of the interest, if any, of such governments, 

representatives, and parties in the buildings or property, or any portion thereof, at the installation that are 

identified under subparagraph (B)(i)(II). A notice of interest under this clause shall describe the need of 

the government, representative, or party concerned for the buildings or property covered by the notice.

“(ii) The redevelopment authority for an installation shall assist the governments, representatives, 

and parties referred to in clause (i) in evaluating buildings and property at the installation for 

purposes of this subparagraph.

“(iii) In providing assistance under clause (ii), a redevelopment authority shall—

“(I) consult with representatives of the homeless in the communities in the vicinity of the 

installation concerned; and

“(II) undertake outreach efforts to provide information on the buildings and property to 

representatives of the homeless, and to other persons or entities interested in assisting the 

homeless, in such communities.

“(iv) It is the sense of Congress that redevelopment authorities should begin to conduct outreach 

efforts under clause (iii)(II) with respect to an installation as soon as is practicable after the date of 

approval of closure of the installation.

“(D)(i) State and local governments, representatives of the homeless, and other interested parties shall 

submit a notice of interest to a redevelopment authority under subparagraph (C) not later than the date 

specified for such notice by the redevelopment authority.

“(ii) The date specified under clause (i) shall be—

“(I) in the case of an installation for which a redevelopment authority has been recognized as 

of the date of the completion of the determinations referred to in paragraph (5), not earlier than 3 

months and not later than 6 months after that date; and

“(II) in the case of an installation for which a redevelopment authority is not recognized as of 

such date, not earlier than 3 months and not later than 6 months after the date of the recognition 

of a redevelopment authority for the installation.

“(iii) Upon specifying a date for an installation under this subparagraph, the redevelopment 

authority for the installation shall—

“(I) publish the date specified in a newspaper of general circulation in the communities in the 

vicinity of the installation concerned; and

“(II) notify the Secretary of Defense of the date.

“(E)(i) In submitting to a redevelopment authority under subparagraph (C) a notice of interest in the use 

of buildings or property at an installation to assist the homeless, a representative of the homeless shall 

submit the following:

“(I) A description of the homeless assistance program that the representative proposes to carry 

out at the installation.

“(II) An assessment of the need for the program.

“(III) A description of the extent to which the program is or will be coordinated with other 

homeless assistance programs in the communities in the vicinity of the installation.

“(IV) A description of the buildings and property at the installation that are necessary in order 

to carry out the program.

“(V) A description of the financial plan, the organization, and the organizational capacity of 

the representative to carry out the program.

“(VI) An assessment of the time required in order to commence carrying out the program.

“(ii) A redevelopment authority may not release to the public any information submitted to the 

redevelopment authority under clause (i)(V) without the consent of the representative of the homeless 

concerned unless such release is authorized under Federal law and under the law of the State and 

communities in which the installation concerned is located.
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B-22 December 1997

“(F)(i) The redevelopment authority for each installation covered by this paragraph shall prepare a 

redevelopment plan for the installation. The redevelopment authority shall, in preparing the plan, 

consider the interests in the use to assist the homeless of the buildings and property at the installation that 

are expressed in the notices submitted to the redevelopment authority under subparagraph (C).

“(ii)(I) In connection with a redevelopment plan for an installation, a redevelopment authority and 

representatives of the homeless shall prepare legally binding agreements that provide for the use to 

assist the homeless of buildings and property, resources, and assistance on or off the installation. The 

implementation of such agreements shall be contingent upon the approval of the redevelopment plan 

by the Secretary of Housing and Urban Development under subparagraph (H) or (J).

“(II) Agreements under this clause shall provide for the reversion to the redevelopment 

authority concerned, or to such other entity or entities as the agreements shall provide, of 

buildings and property that are made available under this paragraph for use to assist the homeless 

in the event that such buildings and property cease being used for that purpose.

“(iii) A redevelopment authority shall provide opportunity for public comment on a redevelopment 

plan before submission of the plan to the Secretary of Defense and the Secretary of Housing and 

Urban Development under subparagraph (G).

“(iv) A redevelopment authority shall complete preparation of a redevelopment plan for an 

installation and submit the plan under subparagraph (G) not later than 9 months after the date 

specified by the redevelopment authority for the installation under subparagraph (D).

“(G)(i) Upon completion of a redevelopment plan under subparagraph (F), a redevelopment authority 

shall submit an application containing the plan to the Secretary of Defense and to the Secretary of 

Housing and Urban Development.

“(ii) A redevelopment authority shall include in an application under clause (i) the following:

“(I) A copy of the redevelopment plan, including a summary of any public comments on the 

plan received by the redevelopment authority under subparagraph (F)(iii).

“(II) A copy of each notice of interest of use of buildings and property to assist the homeless 

that was submitted to the redevelopment authority under subparagraph (C), together with a 

description of the manner, if any, in which the plan addresses the interest expressed in each such 

notice and, if the plan does not address such an interest, an explanation why the plan does not 

address the interest.

“(III) A summary of the outreach undertaken by the redevelopment authority under 

subparagraph (C)(iii)(II) in preparing the plan.

“(IV) A statement identifying the representatives of the homeless and the homeless assistance 

planning boards, if any, with which the redevelopment authority consulted in preparing the plan, 

and the results of such consultations.

“(V) An assessment of the manner in which the redevelopment plan balances the expressed 

needs of the homeless and the need of the communities in the vicinity of the installation for 

economic redevelopment and other development.

“(VI) Copies of the agreements that the redevelopment authority proposes to enter into under 

subparagraph (F)(ii).

“(H)(i) Not later than 60 days after receiving a redevelopment plan under subparagraph (G), the 

Secretary of Housing and Urban Development shall complete a review of the plan. The purpose of the 

review is to determine whether the plan, with respect to the expressed interest and requests of 

representatives of the homeless—

“(I) takes into consideration the size and nature of the homeless population in the communities 

in the vicinity of the installation, the availability of existing services in such communities to meet 

the needs of the homeless in such communities, and the suitability of the buildings and property 

covered by the plan for the use and needs of the homeless in such communities;

“(II) takes into consideration any economic impact of the homeless assistance under the plan 

on the communities in the vicinity of the installation;
DoD Base Reuse Implementation Manual

December 1997 B-23

“(III) balances in an appropriate manner the needs of the communities in the vicinity of the 

installation for economic redevelopment and other development with the needs of the homeless in 

such communities;

“(IV) was developed in consultation with representatives of the homeless and the homeless 

assistance planning boards, if any, in the communities in the vicinity of the installation; and

“(V) specifies the manner in which buildings and property, resources, and assistance on or off 

the installation will be made available for homeless assistance purposes.

“(ii) It is the sense of Congress that the Secretary of Housing and Urban Development shall, in 

completing the review of a plan under this subparagraph, take into consideration and be receptive to 

the predominant views on the plan of the communities in the vicinity of the installation covered by 

the plan.

“(iii) The Secretary of Housing and Urban Development may engage in negotiations and 

consultations with a redevelopment authority before or during the course of a review under clause (i) 

with a view toward resolving any preliminary determination of the Secretary that a redevelopment 

plan does not meet a requirement set forth in that clause. The redevelopment authority may modify 

the redevelopment plan as a result of such negotiations and consultations.

“(iv) Upon completion of a review of a redevelopment plan under clause (i), the Secretary of 

Housing and Urban Development shall notify the Secretary of Defense and the redevelopment 

authority concerned of the determination of the Secretary of Housing and Urban Development under 

that clause.

“(v) If the Secretary of Housing and Urban Development determines as a result of such a review 

that a redevelopment plan does not meet the requirements set forth in clause (i), a notice under clause 

(iv) shall include—

“(I) an explanation of that determination; and

“(II) a statement of the actions that the redevelopment authority must undertake in order to 

address that determination.

“(I)(i) Upon receipt of a notice under subparagraph (H)(iv) of a determination that a redevelopment plan 

does not meet a requirement set forth in subparagraph (H)(i), a redevelopment authority shall have the 

opportunity to—

“(I) revise the plan in order to address the determination; and

“(II) submit the revised plan to the Secretary of Housing and Urban Development.

“(ii) A redevelopment authority shall submit a revised plan under this subparagraph to the 

Secretary of Housing and Urban Development, if at all, not later than 90 days after the date on which 

the redevelopment authority receives the notice referred to in clause (i).

“(J)(i) Not later than 30 days after receiving a revised redevelopment plan under subparagraph (I), the 

Secretary of Housing and Urban Development shall review the revised plan and determine if the plan 

meets the requirements set forth in subparagraph (H)(i).

“(ii) The Secretary of Housing and Urban Development shall notify the Secretary of Defense and 

the redevelopment authority concerned of the determination of the Secretary of Housing and Urban 

Development under this subparagraph.

“(K) Upon receipt of a notice under subparagraph (H)(vi) or (J)(ii) of the determination of the Secretary 

of Housing and Urban Development that a redevelopment plan for an installation meets the requirements 

set forth in subparagraph (H)(i), the Secretary of Defense shall dispose of the buildings and property 

located at the installation that are identified in the plan as available for use to assist the homeless in 

accordance with the provisions of the plan. The Secretary of Defense may dispose of such buildings or 

property directly to the representatives of the homeless concerned or to the redevelopment authority 

concerned. The Secretary of Defense shall dispose of the buildings and property under this subparagraph 

without consideration.

“(L)(i) If the Secretary of Housing and Urban Development determines under subparagraph (J) that a 

revised redevelopment plan for an installation does not meet the requirements set forth in subparagraph 

(H)(i), or if no revised plan is so submitted, that Secretary shall—
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B-24 December 1997

“(I) review the original redevelopment plan submitted to that Secretary under subparagraph 

(G), including the notice or notices of representatives of the homeless referred to in clause (ii)(II) 

of that subparagraph;

“(II) consult with the representatives referred to in subclause (I), if any, for purposes of 

evaluating the continuing interest of such representatives in the use of buildings or property at 

the installation to assist the homeless;

“(III) request that each such representative submit to that Secretary the items described in 

clause (ii); and

“(IV) based on the actions of that Secretary under subclauses (I) and (II), and on any 

information obtained by that Secretary as a result of such actions, indicate to the Secretary of 

Defense the buildings and property at the installation that meet the requirements set forth in 

subparagraph (H)(i).

“(ii) The Secretary of Housing and Urban Development may request under clause (i)(III) that a 

representative of the homeless submit to that Secretary the following:

“(I) A description of the program of such representative to assist the homeless.

“(II) A description of the manner in which the buildings and property that the representative 

proposes to use for such purpose will assist the homeless.

“(III) Such information as that Secretary requires in order to determine the financial capacity 

of the representative to carry out the program and to ensure that the program will be carried out 

in compliance with Federal environmental law and Federal law against discrimination.

“(IV) A certification that police services, fire protection services, and water and sewer services 

available in the communities in the vicinity of the installation concerned are adequate for the 

program.

“(iii) The Secretary of Housing and Urban Development shall indicate to the Secretary of Defense 

and to the redevelopment authority concerned the buildings and property at an installation under 

clause (i)(IV) to be disposed of not later than 90 days after the date of a receipt of a revised plan for 

the installation under subparagraph (J).

“(iv) The Secretary of Defense shall dispose of the buildings and property at an installation referred 

to in clause (iii) to entities indicated by the Secretary of Housing and Urban Development or by 

transfer to the redevelopment authority concerned for transfer to such entities. Such disposal shall be 

in accordance with the indications of the Secretary of Housing and Urban Development under clause 

(i)(IV). Such disposal shall be without consideration.

“(M)(i) In the event of the disposal of buildings and property of an installation pursuant to 

subparagraph (K), the redevelopment authority for the installation shall be responsible for the 

implementation of and compliance with agreements under the redevelopment plan described in that 

subparagraph for the installation.

“(ii) If a building or property reverts to a redevelopment authority under such an agreement, the 

redevelopment authority shall take appropriate actions to secure, to the maximum extent practicable, 

the utilization of the building or property by other homeless representatives to assist the homeless. A 

redevelopment authority may not be required to utilize the building or property to assist the homeless.

“(N) The Secretary of Defense may postpone or extend any deadline provided for under this paragraph 

in the case of an installation covered by this paragraph for such period as the Secretary considers 

appropriate if the Secretary determines that such postponement is in the interests of the communities 

affected by the closure of the installation. The Secretary shall make such determinations in consultation 

with the redevelopment authority concerned and, in the case of deadlines provided for under this 

paragraph with respect to the Secretary of Housing and Urban Development, in consultation with the 

Secretary of Housing and Urban Development.

“(O) For purposes of this paragraph, the term ‘communities in the vicinity of the installation’, in the 

case of an installation, means the communities that constitute the political jurisdictions (other than the 

State in which the installation is located) that comprise the redevelopment authority for the installation.”.

(b) DEFINITION.—Section 2910 of such Act is amended by adding at the end the following:
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December 1997 B-25

“(10) The term ‘representative of the homeless’ has the meaning given such term in section 501(h)(4) of the 

Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11411(h)(4)).”.

(c) CONFORMING AMENDMENT TO 1990 BASE CLOSURE ACT.—Section 2905(b)(6)(A) of such Act is amended 

by adding at the end the following: “For procedures relating to the use to assist the homeless of buildings and 

property at installations closed under this part after the date of the enactment of this sentence, see paragraph (7).”.

(d) CONFORMING AMENDMENT TO MCKINNEY ACT.—Section 501 of the Stewart B. McKinney Homeless 

Assistance Act (42 U.S.C. 11411) is amended—

(1) by redesignating subsection (h) as subsection (i); and

(2) by inserting after subsection (g) the following new subsection (h):

“(h) APPLICABILITY TO PROPERTY UNDER BASE CLOSURE PROCESS.—(1) The provisions of this section 

shall not apply to buildings and property at military installations that are approved for closure under the 

Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 

2687 note) after the date of the enactment of this subsection.

“(2) For provisions relating to the use to assist the homeless of buildings and property located at certain 

military installations approved for closure under such Act, or under title II of the Defense Authorization 

Amendments and Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note), before 

such date, see section 2(e) of Base Closure Community Redevelopment and Homeless Assistance Act of 

1994.”.

(e) APPLICABILITY TO INSTALLATIONS APPROVED FOR CLOSURE BEFORE ENACTMENT OF ACT.—(1)(A) 

Notwithstanding any provision of the 1988 base closure Act or the 1990 base closure Act, as such provision was in 

effect on the day before the date of the enactment of this Act, and subject to subparagraphs (B) and (C), the use to 

assist the homeless of building and property at military installations approved for closure under the 1988 base 

closure Act or the 1990 base closure Act, as the case may be, before such date shall be determined in accordance 

with the provisions of paragraph (7) of section 2905(b) of the 1990 base closure Act, as amended by subsection (a), 

in lieu of the provisions of the 1988 base closure Act or the 1990 base closure Act that would otherwise apply to the 

installations.

(B)(i) The provisions of such paragraph (7) shall apply to an installation referred to in subparagraph 

(A) only if the redevelopment authority for the installation submits a request to the Secretary of Defense 

not later than 60 days after the date of the enactment of this Act.

(ii) In the case of an installation for which no redevelopment authority exists on the date of the 

enactment of this Act, the chief executive officer of the State in which the installation is located shall 

submit the request referred to in clause (i) and act as the redevelopment authority for the installation.

(C) The provisions of such paragraph (7) shall not apply to any buildings or property at an installation 

referred to in subparagraph (A) for which the redevelopment authority submits a request referred to in 

subparagraph (B) within the time specified in such subparagraph (B) if the buildings or property, as the 

case may be, have been transferred or leased for use to assist the homeless under the 1988 base closure Act 

or the 1990 base closure Act, as the case may be, before the date of the enactment of this Act.

(2) For purposes of the application of such paragraph (7) to the buildings and property at an installation, the 

date on which the Secretary receives a request with respect to the installation under paragraph (1) shall be 

treated as the date on which the Secretary of Defense completes the final determination referred to in 

subparagraph (B) of such paragraph (7).

(3) Upon receipt under paragraph (1)(B) of a timely request with respect to an installation, the Secretary of 

Defense shall publish in the Federal Register and in a newspaper of general circulation in the communities in 

the vicinity of the installation information describing the redevelopment authority for the installation.

(4)(A) The Secretary of Housing and Urban Development and the Secretary of Health and Human Services 

shall not, during the 60-day period beginning on the date of the enactment of this Act, carry out with respect to 

any military installation approved for closure under the 1988 base closure Act or the 1990 base closure Act 

before such date any action required of such Secretaries under the 1988 base closure Act or the 1990 base 

closure Act, as the case may be, or under section 501 of the Stewart B. McKinney Homeless Assistance Act 

(42 U.S.C. 11411).

(B)(i) Upon receipt under paragraph (1)(A) of a timely request with respect to an installation, the 

Secretary of Defense shall notify the Secretary of Housing and Urban Development and the Secretary of 
Base Closure Community Redevelopment and Homeless Assistance Act of 1994 (Pub. L. 103-421)

B-26 December 1997

Health and Human Services that the disposal of buildings and property at the installation shall be 

determined under such paragraph (7) in accordance with this subsection.

(ii) Upon receipt of a notice with respect to an installation under this subparagraph, the 

requirements, if any, of the Secretary of Housing and Urban Development and the Secretary of Health 

and Human Services with respect to the installation under the provisions of law referred to in 

subparagraph (A) shall terminate.

(iii) Upon receipt of a notice with respect to an installation under this subparagraph, the Secretary 

of Health and Human Services shall notify each representative of the homeless that submitted to that 

Secretary an application to use buildings or property at the installation to assist the homeless under 

the 1988 base closure Act or the 1990 base closure Act, as the case may be, that the use of buildings 

and property at the installation to assist the homeless shall be determined under such paragraph (7) in 

accordance with this subsection.

(5)(A) In preparing a redevelopment plan for buildings and property at an installation covered by such 

paragraph (7) by reason of this subsection, the redevelopment authority concerned shall—

(A) consider and address specifically any applications for use of such buildings and property to assist 

the homeless that were received by the Secretary of Health and Human Services under the 1988 base 

closure Act or the 1990 base closure Act, as the case may be, before the date of the enactment of this Act 

and are pending with that Secretary on that date; and

(B) in the case of any application by representatives of the homeless that was approved by the Secretary 

of Health and Human Services before the date of enactment of this Act, ensure that the plan adequately 

addresses the needs of the homeless identified in the application by providing such representatives of the 

homeless with—

(i) properties, on or off the installation, that are substantially equivalent to the properties covered by 

the application;

(ii) sufficient funding to secure such substantially equivalent properties;

(iii) services and activities that meet the needs identified in the application; or

(iv) a combination of the properties, funding, and services and activities described in clause (i), (ii), 

and (iii).

(6) In the case of an installation to which the provisions of such paragraph (7) apply by reason of this 

subsection, the date specified by the redevelopment authority for the installation under subparagraph (D) of 

such paragraph (7) shall be not less than 1 month and not more than 6 months after the date of the submittal 

of the request with respect to the installation under paragraph (1)(B).

(7) For purposes of this subsection:

(A) The term “1988 base closure Act” means title II of the Defense Authorization Amendments and 

Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note).

(B) The term “1990 base closure Act” means the Defense Base Closure and Realignment Act of 1990 

(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note).

(f) CLARIFYING AMENDMENTS TO BASE CLOSURE ACTS.—(1) Section 204(b)(6)(F)(i) of the Defense 

Authorization Amendments and Base Closure Act and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 

note) is amended by inserting “and buildings and property referred to in subparagraph (B)(ii) which have not been 

identified as suitable for use to assist the homeless under subparagraph (C),” after “subparagraph (D),”.

(2) Section 2905(b)(6)(F)(i) of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX 

of Public Law 101-510; 10 U.S.C. 2687 note) is amended by inserting “and buildings and property referred to 

in subparagraph (B)(ii) which have not been identified as suitable for use to assist the homeless under 

subparagraph (C),” after “subparagraph (D),”.

B-28 December 1997

Defense Base Closure and Realignment 

Act of 1990, as amended

Defense Base Closure and Realignment Act of 1990

(Pub. L. 101-510)

Enacted November 5, 1990

As amended by the National Defense Authorization Acts for Fiscal Years 1992/1993 (Pub. L. 102-190), 

1993 (Pub. L. 102-484), 1994 (Pub. L. 103-160), 1995 (Pub. L. 103-337), 1996 (Pub. L. 104-106), and 1997 

(Pub. L. 104-201), and the Base Closure Community Redevelopment and Homeless Assistance Act of 

1994 (Pub. L. 103-421)

TITLE XXIX—DEFENSE BASE CLOSURES AND REALIGNMENTS

PART A—DEFENSE BASE CLOSURE AND REALIGNMENT COMMISSION

SEC. 2901. SHORT TITLE AND PURPOSE

(a) SHORT TITLE.—This part may be cited as the “Defense Base Closure and Realignment Act of 1990”.

(b) PURPOSE.—The purpose of this part is to provide a fair process that will result in the timely closure and 

realignment of military installations inside the United States.

SEC. 2902. THE COMMISSION

(a) ESTABLISHMENT.—There is established an independent commission to be known as the “Defense Base 

Closure and Realignment Commission”.

(b) DUTIES.—The Commission shall carry out the duties specified for it in this part.

(c) APPOINTMENT.—(1)(A) The Commission shall be composed of eight members appointed by the President, 

by and with the advise and consent of the Senate.

(B) The President shall transmit to the Senate the nominations for appointment to the Commission—

(i) by no later than January 3, 1991, in the case of members of the Commission whose terms will 

expire at the end of the first session of the 102nd Congress; 

(ii) by no later than January 25, 1993, in the case of members of the Commission whose terms will 

expire at the end of the first session of the 103rd Congress; and

(iii) by no later than January 3, 1995, in the case of members of the Commission whose terms will 

expire at the end of the first session of the 104th Congress.

(C) If the President does not transmit to Congress the nominations for appointment to the Commission 

on or before the date specified for 1993 in clause (ii) of subparagraph (B) or for 1995 in clause (iii) of 

such subparagraph, the process by which military installations may be selected for closure or realignment 

under this part with respect to that year shall be terminated.

(2) In selecting individuals for nominations for appointments to the Commission, the President should 

consult with—

(A) the Speaker of the House of Representatives concerning the appointment of two members;

(B) the majority leader of the Senate concerning the appointment of two members;
DoD Base Reuse Implementation Manual

December 1997 B-29

(C) the minority leader of the House of Representatives concerning the appointment of one member; 

and

(D) the minority leader of the Senate concerning the appointment of one member.

(3) At the time the President nominates individuals for appointment to the Commission for each session of 

Congress referred to in paragraph (1)(B), the President shall designate one such individual who shall serve as 

Chairman of the Commission.

(d) TERMS.—(1) Except as provided in paragraph (2), each member of the Commission shall serve until the 

adjournment of Congress sine die for the session during which the member was appointed to the Commission.

(2) The Chairman of the Commission shall serve until the confirmation of a successor.

(e) MEETINGS.—(1) The Commission shall meet only during calendar years 1991, 1993, and 1995.

(2)(A) Each meeting of the Commission, other than meetings in which classified information is to be 

discussed, shall be open to the public.

(B) All the proceedings, information, and deliberations of the Commission shall be open, upon request, 

to the following:

(i) The Chairman and the ranking minority party member of the Subcommittee on Readiness, 

Sustainability, and Support of the Committee on Armed Services of the Senate, or such other 

members of the Subcommittee designated by such Chairman or ranking minority party member.

(ii) The Chairman and the ranking minority party member of the Subcommittee on Military 

Installations and Facilities of the Committee on National Security of the House of Representatives, or 

such other members of the Subcommittee designated by such Chairman or ranking minority party 

member.

(iii) The Chairmen and ranking minority party members of the Subcommittees on Military 

Construction of the Committees on Appropriations of the Senate and of the House of Representatives, 

or such other members of the Subcommittees designated by such Chairmen or ranking minority party 

members.

(f) VACANCIES.—A vacancy in the Commission shall be filled in the same manner as the original appointment, 

but the individual appointed to fill the vacancy shall serve only for the unexpired portion of the term for which the 

individual’s predecessor was appointed.

(g) PAY AND TRAVEL EXPENSES.—(1)(A) Each member, other than the Chairman, shall be paid at a rate equal 

to the daily equivalent of the minimum annual rate of basic pay payable for level IV of the Executive Schedule 

under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is 

engaged in the actual performance of duties vested in the Commission.

(B) The Chairman shall be paid for each day referred to in subparagraph (A) at a rate equal to the daily 

equivalent of the minimum annual rate of basic pay payable for level III of the Executive Schedule under 

section 5314, of title 5, United States Code.

(2) Members shall receive travel expenses, including per diem in lieu of subsistence, in accordance with 

sections 5702 and 5703 of title 5, United States Code.

(h) DIRECTOR OF STAFF.—(1) The Commission shall, without regard to section 5311(b) of title 5, United States 

Code, appoint a Director who has not served on active duty in the Armed Forces or as a civilian employee of the 

Department of Defense during the one-year period preceding the date of such appointment.

(2) The Director shall be paid at the rate of basic pay payable for level IV of the Executive Schedule under 

section 5315 of title 5, United States Code.

(i) STAFF.—(1) Subject to paragraphs (2) and (3), the Director, with the approval of the Commission, may 

appoint and fix the pay of additional personnel.

(2) The Director may make such appointments without regard to the provisions of title 5, United States 

Code, governing appointments in the competitive service, and any personnel so appointed may be paid without 

regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and 

General Schedule pay rates, except that an individual so appointed may not receive pay in excess of the annual 

rate of basic pay payable for GS-18 of the General Schedule.

(3)(A) Not more than one-third of the personnel employed by or detailed to the Commission may be on 

detail from the Department of Defense.
Defense Base Closure and Realignment Act of 1990, as amended

B-30 December 1997

(B)(i) Not more than one-fifth of the professional analysts of the Commission staff may be persons 

detailed from the Department of Defense to the Commission.

(ii) No person detailed from the Department of Defense to the Commission may be assigned as the 

lead professional analyst with respect to a military department or defense agency.

(C) A person may not be detailed from the Department of Defense to the Commission if, within 12 

months before the detail is to begin, that person participated personally and substantially in any matter 

within the Department of Defense concerning the preparation of recommendations for closures or 

realignments of military installations.

(D) No member of the Armed Forces, and no officer or employee of the Department of Defense, may—

(i) prepare any report concerning the effectiveness, fitness, or efficiency of the performance on the 

staff of the Commission of any person detailed from the Department of Defense to that staff;

(ii) review the preparation of such a report; or

(iii) approve or disapprove such a report.

(4) Upon request of the Director, the head of any Federal department or agency may detail any of the 

personnel of that department or agency to the Commission to assist the Commission in carrying out its duties 

under this part.

(5) The Comptroller General of the United States shall provide assistance, including the detailing of 

employees, to the Commission in accordance with an agreement entered into with the Commission.

(6) The following restrictions relating to the personnel of the Commission shall apply during 1992 and 

1994:

(A) There may not be more than 15 persons on the staff at any one time.

(B) The staff may perform only such functions as are necessary to prepare for the transition to new 

membership on the Commission in the following year.

(C) No member of the Armed Forces and no employee of the Department of Defense may serve on the 

staff.

(j) OTHER AUTHORITY.—(1) The Commission may procure by contract, to the extent funds are available, the 

temporary or intermittent services of experts or consultants pursuant to section 3109 of title 5, United States Code.

(2) The Commission may lease space and acquire personal property to the extent funds are available.

(k) FUNDING.—(1) There are authorized to be appropriated to the Commission such funds as are necessary to 

carry out its duties under this part. Such funds shall remain available until expended.

(2) If no funds are appropriated to the Commission by the end of the second session of the 101st Congress, 

the Secretary of Defense may transfer, for fiscal year 1991, to the Commission funds from the Department of 

Defense Base Closure Account established by section 207 of Public Law 100-526. Such funds shall remain 

available until expended.

(3)(A) The Secretary may transfer not more than $300,000 from unobligated funds in the account referred to 

in subparagraph (B) for the purpose of assisting the Commission in carrying out its duties under this part 

during October, November, and December 1995. Funds transferred under the preceding sentence shall remain 

available until December 31, 1995.

(B) The account referred to in subparagraph (A) is the Department of Defense Base Closure Account 

established under section 207(a) of the Defense Authorization Amendments and Base Closure and 

Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note).

(l) TERMINATION.—The Commission shall terminate on December 31, 1995.

(m) PROHIBITION AGAINST RESTRICTING COMMUNICATIONS.—Section 1034 of title 10, United States Code, 

shall apply with respect to communications with the Commission.

SEC. 2903. PROCEDURE FOR MAKING RECOMMENDATIONS FOR BASE CLOSURES AND 

REALIGNMENTS

(a) FORCE-STRUCTURE PLAN.—(1) As part of the budget justification documents submitted to Congress in 

support of the budget for the Department of Defense for each of the fiscal years 1992, 1994, and 1996, the 

Secretary shall include a force-structure plan for the Armed Forces based on an assessment by the Secretary of the 

probable threats to the national security during the six-year period beginning with the fiscal year for which the 
DoD Base Reuse Implementation Manual

December 1997 B-31

budget request is made and of the anticipated levels of funding that will be available for national defense purposes 

during such period.

(2) Such plan shall include, without any reference (directly or indirectly) to military installations inside the 

United States that may be closed or realigned under such plan—

(A) a description of the assessment referred to in paragraph (1);

(B) a description (i) of the anticipated force structure during and at the end of such period for each 

military department (with specifications of the number and type of units in the active and reserve forces of 

each such department), and (ii) of the units that will need to be forward based (with a justification thereof) 

during and at the end of each such period; and

(C) a description of the anticipated implementation of such force-structure plan.

(3) The Secretary shall also transmit a copy of each such force-structure plan to the Commission.

(b) SELECTION CRITERIA.—(1) The Secretary shall, by no later than December 31, 1990, publish in the Federal 

Register and transmit to the congressional defense committees the criteria proposed to be used by the Department 

of Defense in making recommendations for the closure or realignment of military installations inside the United 

States under this part. The Secretary shall provide an opportunity for public comment on the proposed criteria for a 

period of at least 30 days and shall include notice of that opportunity in the publication required under the 

preceding sentence.

(2)(A) The Secretary shall, by no later than February 15, 1991, publish in the Federal Register and transmit 

to the congressional defense committees the final criteria to be used in making recommendations for the 

closure or realignment of military installations inside the United States under this part. Except as provided in 

subparagraph (B), such criteria shall be the final criteria to be used, making such recommendations unless 

disapproved by a joint resolution of Congress enacted on or before March 1991.

(B) The Secretary may amend such criteria, but such amendments may not become effective until they 

have been published in the Federal Register, opened to public comment for at least 30 days, and then 

transmitted to the congressional defense committees in final form by no later than January 15 of the year 

concerned. Such amended criteria shall be the final criteria to be used, along with the force-structure plan 

referred to in subsection (a), in making such recommendations unless disapproved by a joint resolution of 

Congress enacted on or before February 15 of the year concerned.

(c) DOD RECOMMENDATIONS.—(1) The Secretary may, by no later than April 15, 1991, March 15, 1993 and 

March 1, 1995, publish in the Federal Register and transmit to the congressional defense committees and to the 

Commission a list of the military installations inside the United States that the Secretary recommends for closure 

or realignment on the basis of the force-structure plan and the final criteria referred to in subsection (b)(2) that are 

applicable to the year concerned.

(2) The Secretary shall include, with the list of recommendations published and transmitted pursuant to 

paragraph (1), a summary of the selection process that resulted in the recommendation for each installation, 

including a justification for each recommendation. The Secretary shall transmit the matters referred to in the 

preceding sentence not later than 7 days after the date of the transmittal to the congressional defense 

committees and the Commission of the list referred to in paragraph (1).

(3)(A) In considering military installations for closure or realignment, the Secretary shall consider all 

military installations inside the United States equally without regard to whether the installation has been 

previously considered or proposed for closure or realignment by the Department.

(B) In considering military installations for closure or realignment, the Secretary may not take into 

account for any purpose any advance conversion planning undertaken by an affected community with 

respect to the anticipated closure or realignment of an installation.

(C) For purposes of subparagraph (B), in the case of a community anticipating the economic effects of a 

closure or realignment of a military installation, advance conversion planning—

(i) shall include community adjustment and economic diversification planning undertaken by the 

community before an anticipated selection of a military installation in or near the community for 

closure or realignment; and

(ii) may include the development of contingency redevelopment plans, plans for economic 

development and diversification, and plans for the joint use (including civilian and military use, 
Defense Base Closure and Realignment Act of 1990, as amended

B-32 December 1997

public and private use, civilian dual use, and civilian shared use) of the property or facilities of the 

installation after the anticipated closure or realignment.

(4) In addition to making all information used by the Secretary to prepare the recommendations under this 

subsection available to Congress (including any committee or member of Congress), the Secretary shall also 

make such information available to the Commission and the Comptroller General of the United States.

(5)(A) Each person referred to in subparagraph (B), when submitting information to the Secretary of 

Defense or the Commission concerning the closure or realignment of a military installation, shall certify that 

such information is accurate and complete to the best of that person’s knowledge and belief.

(B) Subparagraph (A) applies to the following persons:

(i) The Secretaries of the military departments.

(ii) The heads of the Defense Agencies.

(iii) Each person who is in a position the duties of which include personal and substantial 

involvement in the preparation and submission of information and recommendations concerning the 

closure or realignment of military installations, as designated in regulations which the Secretary of 

Defense shall prescribe, regulations which the Secretary of each military department shall prescribe 

for personnel within that military department, or regulations which the head of each Defense Agency 

shall prescribe for personnel within that Defense Agency.

(6) Any information provided to the Commission by a person described in paragraph (5)(B) shall also be 

submitted to the Senate and the House of Representatives to be made available to the Members of the House 

concerned in accordance with the rules of that House. The information shall be submitted to the Senate and 

House of Representatives within 24 hours after the submission of the information to the Commission.

(d) REVIEW AND RECOMMENDATIONS BY THE COMMISSION.—(1) After receiving the recommendations from 

the Secretary pursuant to subsection (c) for any year, the Commission shall conduct public hearings on the 

recommendations. All testimony before the Commission at a public hearing conducted under this paragraph shall 

be presented under oath. [The preceding sentence shall apply with respect to all public hearings conducted by the 

Defense Base Closure and Realignment Commission after November 30, 1993.]

(2)(A) The Commission shall, by no later than July 1 of each year in which the Secretary transmits 

recommendations to it pursuant to subsection (c), transmit to the President a report containing the 

Commission’s findings and conclusions based on a review and analysis of the recommendations made by the 

Secretary, together with the Commission’s recommendations for closures and realignments of military 

installations inside the United States.

(B) Subject to subparagraph (C), in making its recommendations, the Commission may make changes 

in any of the recommendations made by the Secretary if the Commission determines that the Secretary 

deviated substantially from the force-structure plan and final criteria referred to in subsection (c)(1) in 

making recommendations.

(C) In the case of a change described in subparagraph (D) in the recommendations made by the 

Secretary, the Commission may make the change only if the Commission—

(i) makes the determination required by subparagraph (B);

(ii) determines that the change is consistent with the force-structure plan and final criteria referred 

to in subsection (c)(1);

(iii) publishes a notice of the proposed change in the Federal Register not less than 45 days before 

transmitting its recommendations to the President pursuant to paragraph (2); and

(iv) conducts public hearings on the proposed change.

(D) Subparagraph (C) shall apply to a change by the Commission in the Secretary’s recommendations 

that would—

(i) add a military installation to the list of military installations recommended by the Secretary for 

closure;

(ii) add a military installation to the list of military installations recommended by the Secretary for 

realignment; or

(iii) increase the extent of a realignment of a particular military installation recommended by the 

Secretary.
DoD Base Reuse Implementation Manual

December 1997 B-33

(E) In making recommendations under this paragraph, the Commission may not take into account for 

any purpose any advance conversion planning undertaken by an affected community with respect to the 

anticipated closure or realignment of a military installation.

(3) The Commission shall explain and justify in its report submitted to the President pursuant to paragraph 

(2) any recommendation made by the Commission that is different from the recommendations made by the 

Secretary pursuant to subsection (c). The Commission shall transmit a copy of such report to the congressional 

defense committees on the same date on which it transmits its recommendations to the President under 

paragraph (2).

(4) After July 1 of each year in which the Commission transmits recommendations to the President under 

this subsection: the Commission shall promptly provide, upon request, to any Member of Congress 

information used by the Commission in making its recommendations.

(5) The Comptroller General of the United States shall—

(A) assist the Commission, to the extent requested, in the Commission’s review and analysis of the 

recommendations made by the Secretary pursuant to subsection (C); and

(B) by no later than April 15 of each year in which the Secretary makes such recommendations, 

transmit to the Congress and to the Commission a report containing a detailed analysis of the Secretary’s 

recommendations and selection process.

(e) REVIEW BY THE PRESIDENT.—(1) The President shall, by no later than July 15 of each year in which the 

Commission makes recommendations under subsection (d), transmit to the Commission and to the Congress a 

report containing the President’s approval or disapproval of the Commission’s recommendations.

(2) If the President approves all the recommendations of the Commission, the President shall transmit a 

copy of such recommendations to the Congress, together with a certification of such approval.

(3) If the President disapproves the recommendations of the Commission, in whole or in part, the President 

shall transmit to the Commission and the Congress the reasons for that disapproval. The Commission shall 

then transmit to the President, by no later than August 15 of the year concerned, a revised list of 

recommendations for the closure and realignment of military installations.

(4) If the President approves all of the revised recommendations of the Commission transmitted to the 

President under paragraph (3), the President shall transmit a copy of such revised recommendations to the 

Congress, together with a certification of such approval.

(5) If the President does not transmit to the Congress an approval and certification described in paragraph 

(2) or (4) by September 1 of any year in which the Commission has transmitted recommendations to the 

President under this part, the process by which military installations may be selected for closure or 

realignment under this part with respect to that year shall be terminated.

SEC. 2904. CLOSURE AND REALIGNMENT OF MILITARY INSTALLATIONS

(a) IN GENERAL.—Subject to subsection (b), the Secretary shall—

(1) close all military installations recommended for closure by the Commission in each report transmitted to 

the Congress by the President pursuant to section 2903(e);

(2) realign all military installations recommended for realignment by such Commission in each such report;

(3) initiate all such closures and realignments no later than two years after the date on which the President 

transmits a report to the Congress pursuant to section 2903(e) containing the recommendations for such 

closures or realignments; and

(4) complete all such closures and realignments no later than the end of the six-year period beginning on the 

date on which the President transmits the report pursuant to section 2903(e) containing the recommendations 

for such closures or realignments.

(b) CONGRESSIONAL DISAPPROVAL.—(1) The Secretary may not carry out any closure or realignment 

recommended by the Commission in a report transmitted from the President pursuant to section 2903(e) if a joint 

resolution is enacted, in accordance with the provisions of section 2908: disapproving such recommendations of 

the Commission before the earlier of—

(A) the end of the 45-day period beginning on the date on which the President transmits such report; or

(B) the adjournment of Congress sine die for the session during which such report is transmitted.
Defense Base Closure and Realignment Act of 1990, as amended

B-34 December 1997

(2) For purposes of paragraph (1) of this subsection and subsections (a) and (c) of section 2908, the days on 

which either House of Congress is not in session because of adjournment of more than three days to a day 

certain shall be excluded in the computation of a period.

SEC. 2905. IMPLEMENTATION

(a) IN GENERAL.—(1) In closing or realigning any military installation under this part, the Secretary may—

(A) take such actions as may be necessary to close or realign any military installation, including the 

acquisition of such land, the construction of such replacement facilities, the performance of such 

activities, and the conduct of such advance planning and design as may be required to transfer functions 

from a military installation being closed or realigned to another military installation, and may use for such 

purpose funds in the Account or funds appropriated to the Department of Defense for use in planning and 

design, minor construction, or operation and maintenance;

(B) provide—

(i) economic adjustment assistance to any community located near a military installation being 

closed or realigned, and

(ii) community planning assistance to any community located near a military installation to which 

functions will be transferred as a result of the closure or realignment of a military installation, if the 

Secretary of Defense determines that the financial resources available to the community (by grant or 

otherwise) for such purposes are inadequate, and may use for such purposes funds in the Account or 

funds appropriated to the Department of Defense for economic adjustment assistance or community 

planning assistance;

(C) carry out activities for the purposes of environmental restoration and mitigation at any such 

installation, and shall use for such purposes funds in the Account. [Amendments to this subsection took 

effect on December 5, 1991.]

(D) provide outplacement assistance to civilian employees employed by the Department of Defense at 

military installations being closed or realigned, and may use for such purpose funds in the Account or 

funds appropriated to the Department of Defense for outplacement assistance to employees; and

(E) reimburse other Federal agencies for actions performed at the request of the Secretary with respect 

to any such closure or realignment, and may use for such purpose funds in the Account or funds 

appropriated to the Department of Defense and available for such purpose.

(2) In carrying out any closure or realignment under this part, the Secretary shall ensure that environmental 

restoration of any property made excess to the needs of the Department of Defense as a result of such closure 

or realignment be carried out as soon as possible with funds available for such purpose.

(b) MANAGEMENT AND DISPOSAL OF PROPERTY.—(1) The Administrator of General Services shall delegate to 

the Secretary of Defense, with respect to excess and surplus real property, facilities, and personal property located 

at a military installation closed or realigned under this part—

(A) the authority of the Administrator to utilize excess property under section 202 of the Federal 

Property and Administrative Services Act of 1949 (40 U.S.C. 483);

(B) the authority of the Administrator to dispose of surplus property under section 203 of that Act (40 

U.S.C. 484);

(C) the authority to dispose of surplus property for public airports under sections 47151 through 47153 

of title 49, United States Code; and

(D) the authority of the Administrator to determine the availability of excess or surplus real property for 

wildlife conservation purposes in accordance with the Act of May 19, 1948 (16 U.S.C. 667b).

(2)(A) Subject to subparagraph (B) and paragraphs (3), (4), (5), and (6), the Secretary of Defense shall 

exercise the authority delegated to the Secretary pursuant to paragraph (1) in accordance with—

(i) all regulations governing the utilization of excess property and the disposal of surplus property 

under the Federal Property and Administrative Services Act of 1949; and

(ii) all regulations governing the conveyance and disposal of property under section 13(g) of the 

Surplus Property Act of 1944 (50 U.S.C. App. 1622(g)).

(B) The Secretary may, with the concurrence of the Administrator of General Services—
DoD Base Reuse Implementation Manual

December 1997 B-35

(i) prescribe general policies and methods for utilizing excess property and disposing of surplus 

property pursuant to the authority delegated under paragraph (1); and

(ii) issue regulations relating to such policies and methods, which shall supersede the regulations 

referred to in subparagraph (A) with respect to that authority.

 (C) The Secretary of Defense may transfer real property or facilities located at a military installation to 

be closed or realigned under this part, with or without reimbursement, to a military department or other 

entity (including a nonappropriated fund instrumentality) within the Department of Defense or the Coast 

Guard.

(D) Before any action may be taken with respect to the disposal of any surplus real property or facility 

located at any military installation to be closed or realigned under this part, the Secretary of Defense shall 

consult with the Governor of the State and the heads of the local governments concerned for the purpose 

of considering any plan for the use of such property by the local community concerned.

(3)(A) Not later than 6 months after the date of approval of the closure of a military installation under this 

part, the Secretary, in consultation with the redevelopment authority with respect to the installation, shall—

(i) inventory the personal property located at the installation; and

(ii) identify the items (or categories of items) of such personal property that the Secretary 

determines to be related to real property and anticipates will support the implementation of the 

redevelopment plan with respect to the installation.

(B) If no redevelopment authority referred to in subparagraph (A) exists with respect to an installation, 

the Secretary shall consult with—

(i) the local government in whose jurisdiction the installation is wholly located; or

(ii) a local government agency or State government agency designated for the purpose of such 

consultation by the chief executive officer of the State in which the installation is located.

(C)(i) Except as provided in subparagraphs (E) and (F), the Secretary may not carry out any of the 

activities referred to in clause (ii) with respect to an installation referred to in that clause until the earlier 

of—

(I) one week after the date on which the redevelopment plan for the installation is submitted to 

the Secretary;

(II) the date on which the redevelopment authority notifies the Secretary that it will not submit 

such a plan;

(III) twenty-four months after the date of approval of the closure of the installation; or

(IV) ninety days before the date of the closure of the installation.

(ii) The activities referred to in clause (i) are activities relating to the closure of an installation to be 

closed under this part as follows:

(I) The transfer from the installation of items of personal property at the installation identified 

in accordance with subparagraph (A).

(II) The reduction in maintenance and repair of facilities or equipment located at the 

installation below the minimum levels required to support the use of such facilities or equipment 

for nonmilitary purposes.

(D) Except as provided in paragraph (4), the Secretary may not transfer items of personal property 

located at an installation to be closed under this part to another installation, or dispose of such items, if 

such items are identified in the redevelopment plan for the installation as items essential to the reuse or 

redevelopment of the installation. In connection with the development of the redevelopment plan for the 

installation, the Secretary shall consult with the entity responsible for developing the redevelopment plan 

to identify the items of personal property located at the installation, if any, that the entity desires to be 

retained at the installation for reuse or redevelopment of the installation.

(E) This paragraph shall not apply to any personal property located at an installation to be closed under 

this part if the property—

(i) is required for the operation of a unit, function, component, weapon, or weapons system at 

another installation;

(ii) is uniquely military in character, and is likely to have no civilian use (other than use for its 

material content or as a source of commonly used components);
Defense Base Closure and Realignment Act of 1990, as amended

B-36 December 1997

(iii) is not required for the reutilization or redevelopment of the installation (as jointly determined 

by the Secretary and the redevelopment authority);

(iv) is stored at the installation for purposes of distribution (including spare parts or stock items); or

(v)(I) meets known requirements of an authorized program of another Federal department or 

agency for which expenditures for similar property would be necessary, and (II) is the subject of a 

written request by the head of the department or agency.

(F) Notwithstanding subparagraphs (C)(i) and (D), the Secretary may carry out any activity referred to 

in subparagraph (C)(ii) or (D) if the Secretary determines that the carrying out of such activity is in the 

national security interest of the United States.

(4)(A) The Secretary may transfer real property and personal property located at a military installation to be 

closed under this part to the redevelopment authority with respect to the installation.

(B)(i)(I) Except as provided in clause (ii), the transfer of property under subparagraph (A) may be for 

consideration at or below the estimated fair market value of the property transferred or without 

consideration. Such consideration may include consideration in kind (including goods and services), real 

property and improvements, or such other consideration as the Secretary considers appropriate. The 

Secretary shall determine the estimated fair market value of the property to be transferred under this 

subparagraph before carrying out such transfer.

(II) The Secretary shall prescribe regulations that set forth guidelines for determining the 

amount, if any, of consideration required for a transfer under this paragraph. Such regulations 

shall include a requirement that, in the case of each transfer under this paragraph for 

consideration below the estimated fair market value of the property transferred, the Secretary 

provide an explanation why the transfer is not for the estimated fair market value of the property 

transferred (including an explanation why the transfer cannot be carried out in accordance with 

the authority provided to the Secretary pursuant to paragraph (1) or (2)).

(ii) The transfer of property under subparagraph (A) shall be without consideration in the case of 

any installation located in a rural area whose closure under this part will have a substantial adverse 

impact (as determined by the Secretary) on the economy of the communities in the vicinity of the 

installation and on the prospect for the economic recovery of such communities from such closure. 

The Secretary shall prescribe in the regulations under clause (i)(II) the manner of determining 

whether communities are eligible for the transfer of property under this clause.

(iii) In the case of a transfer under subparagraph (A) for consideration below the fair market value 

of the property transferred, the Secretary may recoup from the transferee of such property such 

portion as the Secretary determines appropriate of the amount, if any, by which the sale or lease of 

such property by such transferee exceeds the amount of consideration paid to the Secretary for such 

property by such transferee. The Secretary shall prescribe regulations for determining the amount of 

recoupment under this clause.

(C)(i) The Secretary may transfer real property at an installation approved for closure or realignment 

under this part (including property at an installation approved for realignment which will be retained by 

the Department of Defense or another Federal agency after realignment) to the redevelopment authority 

for the installation if the redevelopment authority agrees to lease, directly upon transfer, one or more 

portions of the property transferred under this subparagraph to the Secretary or to the head of another 

department or agency of the Federal Government. Subparagraph (B) shall apply to a transfer under this 

subparagraph.

(ii) A lease under clause (i) shall be for a term of not to exceed 50 years, but may provide for 

options for renewal or extension of the term by the department or agency concerned.

(iii) A lease under clause (i) may not require rental payments by the United States.

(iv) A lease under clause (i) shall include a provision specifying that if the department or agency 

concerned ceases requiring the use of the leased property before the expiration of the term of the 

lease, the remainder of the lease term may be satisfied by the same or another department or agency 

of the Federal Government using the property for a use similar to the use under the lease. Exercise of 

the authority provided by this clause shall be made in consultation with the redevelopment authority 

concerned.
DoD Base Reuse Implementation Manual

December 1997 B-37

(D)(i) The transfer of personal property under subparagraph (A) shall not be subject to the provisions of 

sections 202 and 203 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 483, 

484) if the Secretary determines that the transfer of such property is necessary for the effective 

implementation of a redevelopment plan with respect to the installation at which such property is located.

(ii) The Secretary may, in lieu of the transfer of property referred to in subparagraph (A), transfer 

property similar to such property (including property not located at the installation) if the Secretary 

determines that the transfer of such similar property is in the interest of the United States.

(E) The provisions of section 120(h) of the Comprehensive Environmental Response, Compensation, 

and Liability Act of 1980 (42 U.S.C. 9620(h)) shall apply to any transfer of real property under this 

paragraph.

(F) The Secretary may require any additional terms and conditions in connection with a transfer under 

this paragraph as such Secretary considers appropriate to protect the interests of the United States.

(5)(A) Except as provided in subparagraph (B), the Secretary shall take such actions as the Secretary 

determines necessary to ensure that final determinations under paragraph (1) regarding whether another 

department or agency of the Federal Government has identified a use for any portion of a military installation 

to be closed under this part, or will accept transfer of any portion of such installation, are made not later than 6 

months after the date of approval of closure of that installation.

(B) The Secretary may, in consultation with the redevelopment authority with respect to an installation, 

postpone making the final determinations referred to in subparagraph (A) with respect to the installation 

for such period as the Secretary determines appropriate if the Secretary determines that such 

postponement is in the best interests of the communities affected by the closure of the installation.

(6)(A) Except as provided in this paragraph, nothing in this section shall limit or otherwise affect the 

application of the provisions of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11301 et seq.) 

to military installations closed under this part. For procedures relating to the use to assist the homeless of 

buildings and property at installations closed under this part after the date of the enactment of this sentence, 

see paragraph (7).

(B)(i) Not later than the date on which the Secretary of Defense completes the determination under 

paragraph (5) of the transferability of any portion of an installation to be closed under this part, the 

Secretary shall—

(I) complete any determinations or surveys necessary to determine whether any building or 

property referred to in clause (ii) is excess property, surplus property, or unutilized or 

underutilized property for the purpose of the information referred to in section 501(a) of such Act 

(42 U.S.C. 11411(a)); and

(II) submit to the Secretary of Housing and Urban Development information on any building or 

property that is so determined.

(ii) The buildings and property referred to in clause (i) are any buildings or property located at an 

installation referred to in that clause for which no use is identified, or of which no Federal department 

or agency will accept transfer, pursuant to the determination of transferability referred to in that 

clause.

(C) Not later than 60 days after the date on which the Secretary of Defense submits information to the 

Secretary of Housing and Urban Development under subparagraph (B)(ii), the Secretary of Housing and 

Urban Development shall—

(i) identify the buildings and property described in such information that are suitable for use to 

assist the homeless;

(ii) notify the Secretary of Defense of the buildings and property that are so identified;

(iii) publish in the Federal Register a list of the buildings and property that are so identified, 

including with respect to each building or property the information referred to in section 501(c)(1)(B) 

of such Act; and

(iv) make available with respect to each building and property the information referred to in section 

501(c)(1)(C) of such Act in accordance with such section 501(c)(1)(C).

(D) Any buildings and property included in a list published under subparagraph (C)(iii) shall be treated 

as property available for application for use to assist the homeless under section 501(d) of such Act.
Defense Base Closure and Realignment Act of 1990, as amended

B-38 December 1997

(E) The Secretary of Defense shall make available in accordance with section 501(f) of such Act any 

buildings or property referred to in subparagraph (D) for which—

(i) a written notice of an intent to use such buildings or property to assist the homeless is received 

by the Secretary of Health and Human Services in accordance with section 501(d)(2) of such Act;

(ii) an application for use of such buildings or property for such purpose is submitted to the 

Secretary of Health and Human Services in accordance with section 501(e)(2) of such Act; and

(iii) the Secretary of Health and Human Services—

(I) completes all actions on the application in accordance with section 501(e)(3) of such Act; 

and

(II) approves the application under section 501(e) of such Act.

(F)(i) Subject to clause (ii), a redevelopment authority may express in writing an interest in using 

buildings and property referred to subparagraph (D), and buildings and property referred to in 

subparagraph (B)(ii) which have not been identified as suitable for use to assist the homeless under 

subparagraph (C), or use such buildings and property, in accordance with the redevelopment plan with 

respect to the installation at which such buildings and property are located as follows:

(I) If no written notice of an intent to use such buildings or property to assist the homeless is 

received by the Secretary of Health and Human Services in accordance with section 501(d)(2) of 

such Act during the 60-day period beginning on the date of the publication of the buildings and 

property under subparagraph (C)(iii).

(II) In the case of buildings and property for which such notice is so received, if no completed 

application for use of the buildings or property for such purpose is received by the Secretary of 

Health and Human Services in accordance with section 501(e)(2) of such Act during the 90-day 

period beginning on the date of the receipt of such notice.

(III) In the case of buildings and property for which such application is so received, if the 

Secretary of Health and Human Services rejects the application under section 501(e) of such Act.

(ii) Buildings and property shall be available only for the purpose of permitting a redevelopment 

authority to express in writing an interest in the use of such buildings and property, or to use such 

buildings and property, under clause (i) as follows:

(I) In the case of buildings and property referred to in clause (i)(I), during the one-year period 

beginning on the first day after the 60-day period referred to in that clause.

(II) In the case of buildings and property referred to in clause (i)(II), during the one-year period 

beginning on the first day after the 90-day period referred to in that clause.

(III) In the case of buildings and property referred to in clause (i)(III), during the one-year 

period beginning on the date of the rejection of the application referred to in that clause.

(iii) A redevelopment authority shall express an interest in the use of buildings and property under 

this subparagraph by notifying the Secretary of Defense, in writing, of such an interest.

(G)(i) Buildings and property available for a redevelopment authority under subparagraph (F) shall not 

be available for use to assist the homeless under section 501 of such Act while so available for a 

redevelopment authority.

(ii) If a redevelopment authority does not express an interest in the use of buildings or property, or 

commence the use of buildings or property, under subparagraph (F) within the applicable time 

periods specified in clause (ii) of such subparagraph, such buildings or property shall be treated as 

property available for use to assist the homeless under section 501(a) of such Act.

(7)(A) The disposal of buildings and property located at installations approved for closure or realignment 

under this part after October 25, 1994, shall be carried out in accordance with this paragraph rather than 

paragraph (6).

(B)(i) Not later than the date on which the Secretary of Defense completes the final determinations 

referred to in paragraph (5) relating to the use or transferability of any portion of an installation covered 

by this paragraph, the Secretary shall—

(I) identify the buildings and property at the installation for which the Department of Defense 

has a use, for which another department or agency of the Federal Government has identified a 

use, or of which another department or agency will accept a transfer;
DoD Base Reuse Implementation Manual

December 1997 B-39

(II) take such actions as are necessary to identify any building or property at the installation not 

identified under subclause (I) that is excess property or surplus property;

(III) submit to the Secretary of Housing and Urban Development and to the redevelopment 

authority for the installation (or the chief executive officer of the State in which the installation is 

located if there is no redevelopment authority for the installation at the completion of the 

determination described in the stem of this sentence) information on any building or property 

that is identified under subclause (II); and

(IV) publish in the Federal Register and in a newspaper of general circulation in the 

communities in the vicinity of the installation information on the buildings and property 

identified under subclause (II).

(ii) Upon the recognition of a redevelopment authority for an installation covered by this paragraph, 

the Secretary of Defense shall publish in the Federal Register and in a newspaper of general 

circulation in the communities in the vicinity of the installation information on the redevelopment 

authority.

(C)(i) State and local governments, representatives of the homeless, and other interested parties located 

in the communities in the vicinity of an installation covered by this paragraph shall submit to the 

redevelopment authority for the installation a notice of the interest, if any, of such governments, 

representatives, and parties in the buildings or property, or any portion thereof, at the installation that are 

identified under subparagraph (B)(i)(II). A notice of interest under this clause shall describe the need of 

the government, representative, or party concerned for the buildings or property covered by the notice.

(ii) The redevelopment authority for an installation shall assist the governments, representatives, 

and parties referred to in clause (i) in evaluating buildings and property at the installation for 

purposes of this subparagraph.

(iii) In providing assistance under clause (ii), a redevelopment authority shall—

(I) consult with representatives of the homeless in the communities in the vicinity of the 

installation concerned; and

(II) undertake outreach efforts to provide information on the buildings and property to 

representatives of the homeless, and to other persons or entities interested in assisting the 

homeless, in such communities.

(iv) It is the sense of Congress that redevelopment authorities should begin to conduct outreach 

efforts under clause (iii)(II) with respect to an installation as soon as is practicable after the date of 

approval of closure of the installation.

(D)(i) State and local governments, representatives of the homeless, and other interested parties shall 

submit a notice of interest to a redevelopment authority under subparagraph (C) not later than the date 

specified for such notice by the redevelopment authority.

(ii) The date specified under clause (i) shall be—

(I) in the case of an installation for which a redevelopment authority has been recognized as of 

the date of the completion of the determinations referred to in paragraph (5), not earlier than 3 

months and not later than 6 months after that date; and

(II) in the case of an installation for which a redevelopment authority is not recognized as of 

such date, not earlier than 3 months and not later than 6 months after the date of the recognition 

of a redevelopment authority for the installation.

(iii) Upon specifying a date for an installation under this subparagraph, the redevelopment 

authority for the installation shall—

(I) publish the date specified in a newspaper of general circulation in the communities in the 

vicinity of the installation concerned; and

(II) notify the Secretary of Defense of the date.

(E)(i) In submitting to a redevelopment authority under subparagraph (C) a notice of interest in the use 

of buildings or property at an installation to assist the homeless, a representative of the homeless shall 

submit the following:

(I) A description of the homeless assistance program that the representative proposes to carry 

out at the installation.
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B-40 December 1997

(II) An assessment of the need for the program.

(III) A description of the extent to which the program is or will be coordinated with other 

homeless assistance programs in the communities in the vicinity of the installation.

(IV) A description of the buildings and property at the installation that are necessary in order 

to carry out the program.

(V) A description of the financial plan, the organization, and the organizational capacity of the 

representative to carry out the program.

(VI) An assessment of the time required in order to commence carrying out the program.

(ii) A redevelopment authority may not release to the public any information submitted to the 

redevelopment authority under clause (i)(V) without the consent of the representative of the homeless 

concerned unless such release is authorized under Federal law and under the law of the State and 

communities in which the installation concerned is located.

(F)(i) The redevelopment authority for each installation covered by this paragraph shall prepare a 

redevelopment plan for the installation. The redevelopment authority shall, in preparing the plan, 

consider the interests in the use to assist the homeless of the buildings and property at the installation that 

are expressed in the notices submitted to the redevelopment authority under subparagraph (C).

(ii)(I) In connection with a redevelopment plan for an installation, a redevelopment authority and 

representatives of the homeless shall prepare legally binding agreements that provide for the use to 

assist the homeless of buildings and property, resources, and assistance on or off the installation. The 

implementation of such agreements shall be contingent upon the decision regarding the disposal of 

the buildings and property covered by the agreements by the Secretary of Defense under subparagraph 

(K) or (L).

(II) Agreements under this clause shall provide for the reversion to the redevelopment 

authority concerned, or to such other entity or entities as the agreements shall provide, of 

buildings and property that are made available under this paragraph for use to assist the homeless 

in the event that such buildings and property cease being used for that purpose.

(iii) A redevelopment authority shall provide opportunity for public comment on a redevelopment 

plan before submission of the plan to the Secretary of Defense and the Secretary of Housing and 

Urban Development under subparagraph (G).

(iv) A redevelopment authority shall complete preparation of a redevelopment plan for an 

installation and submit the plan under subparagraph (G) not later than 9 months after the date 

specified by the redevelopment authority for the installation under subparagraph (D).

(G)(i) Upon completion of a redevelopment plan under subparagraph (F), a redevelopment authority 

shall submit an application containing the plan to the Secretary of Defense and to the Secretary of 

Housing and Urban Development.

(ii) A redevelopment authority shall include in an application under clause (i) the following:

(I) A copy of the redevelopment plan, including a summary of any public comments on the 

plan received by the redevelopment authority under subparagraph (F)(iii).

(II) A copy of each notice of interest of use of buildings and property to assist the homeless that 

was submitted to the redevelopment authority under subparagraph (C), together with a 

description of the manner, if any, in which the plan addresses the interest expressed in each such 

notice and, if the plan does not address such an interest, an explanation why the plan does not 

address the interest.

(III) A summary of the outreach undertaken by the redevelopment authority under 

subparagraph (C)(iii)(II) in preparing the plan.

(IV) A statement identifying the representatives of the homeless and the homeless assistance 

planning boards, if any, with which the redevelopment authority consulted in preparing the plan, 

and the results of such consultations.

(V) An assessment of the manner in which the redevelopment plan balances the expressed 

needs of the homeless and the need of the communities in the vicinity of the installation for 

economic redevelopment and other development.
DoD Base Reuse Implementation Manual

December 1997 B-41

(VI) Copies of the agreements that the redevelopment authority proposes to enter into under 

subparagraph (F)(ii).

(H)(i) Not later than 60 days after receiving a redevelopment plan under subparagraph (G), the 

Secretary of Housing and Urban Development shall complete a review of the plan. The purpose of the 

review is to determine whether the plan, with respect to the expressed interest and requests of 

representatives of the homeless—

(I) takes into consideration the size and nature of the homeless population in the communities 

in the vicinity of the installation, the availability of existing services in such communities to meet 

the needs of the homeless in such communities, and the suitability of the buildings and property 

covered by the plan for the use and needs of the homeless in such communities;

(II) takes into consideration any economic impact of the homeless assistance under the plan on 

the communities in the vicinity of the installation;

(III) balances in an appropriate manner the needs of the communities in the vicinity of the 

installation for economic redevelopment and other development with the needs of the homeless in 

such communities;

(IV) was developed in consultation with representatives of the homeless and the homeless 

assistance planning boards, if any, in the communities in the vicinity of the installation; and

(V) specifies the manner in which buildings and property, resources, and assistance on or off 

the installation will be made available for homeless assistance purposes.

(ii) It is the sense of Congress that the Secretary of Housing and Urban Development shall, in 

completing the review of a plan under this subparagraph, take into consideration and be receptive to 

the predominant views on the plan of the communities in the vicinity of the installation covered by 

the plan.

(iii) The Secretary of Housing and Urban Development may engage in negotiations and 

consultations with a redevelopment authority before or during the course of a review under clause (i) 

with a view toward resolving any preliminary determination of the Secretary that a redevelopment 

plan does not meet a requirement set forth in that clause. The redevelopment authority may modify 

the redevelopment plan as a result of such negotiations and consultations.

(iv) Upon completion of a review of a redevelopment plan under clause (i), the Secretary of 

Housing and Urban Development shall notify the Secretary of Defense and the redevelopment 

authority concerned of the determination of the Secretary of Housing and Urban Development under 

that clause.

(v) If the Secretary of Housing and Urban Development determines as a result of such a review that 

a redevelopment plan does not meet the requirements set forth in clause (i), a notice under clause (iv) 

shall include—

(I) an explanation of that determination; and

(II) a statement of the actions that the redevelopment authority must undertake in order to 

address that determination.

(I)(i) Upon receipt of a notice under subparagraph (H)(iv) of a determination that a redevelopment plan 

does not meet a requirement set forth in subparagraph (H)(i), a redevelopment authority shall have the 

opportunity to—

(I) revise the plan in order to address the determination; and

(II) submit the revised plan to the Secretary of Defense and the Secretary of Housing and 

Urban Development.

(ii) A redevelopment authority shall submit a revised plan under this subparagraph to such 

Secretaries, if at all, not later than 90 days after the date on which the redevelopment authority 

receives the notice referred to in clause (i).

(J)(i) Not later than 30 days after receiving a revised redevelopment plan under subparagraph (I), the 

Secretary of Housing and Urban Development shall review the revised plan and determine if the plan 

meets the requirements set forth in subparagraph (H)(i).
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B-42 December 1997

(ii) The Secretary of Housing and Urban Development shall notify the Secretary of Defense and the 

redevelopment authority concerned of the determination of the Secretary of Housing and Urban 

Development under this subparagraph.

(K)(i) Upon receipt of a notice under subparagraph (H)(iv) or (J)(ii) of the determination of the 

Secretary of Housing and Urban Development that a redevelopment plan for an installation meets the 

requirements set forth in subparagraph (H)(i), the Secretary of Defense shall dispose of the buildings and 

property at the installation.

(ii) For purposes of carrying out an environmental assessment of the closure or realignment of an 

installation, the Secretary of Defense shall treat the redevelopment plan for the installation (including 

the aspects of the plan providing for disposal to State or local governments, representatives of the 

homeless, and other interested parties) as part of the proposed Federal action for the installation.

(iii) The Secretary of Defense shall dispose of buildings and property under clause (i) in accordance 

with the record of decision or other decision document prepared by the Secretary in accordance with 

the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.). In preparing the record of 

decision or other decision document, the Secretary shall give substantial deference to the 

redevelopment plan concerned.

(iv) The disposal under clause (i) of buildings and property to assist the homeless shall be without 

consideration.

(v) In the case of a request for a conveyance under clause (i) of buildings and property for public 

benefit under section 203(k) of the Federal Property and Administrative Services Act of 1949 (40 

U.S.C. 484(k)) or sections 47151 through 47153 of title 49, United States Code, the sponsoring 

Federal agency shall use the eligibility criteria set forth in such section or such subchapter (as the case 

may be) to determine the eligibility of the applicant and use proposed in the request for the public 

benefit conveyance. The determination of such eligibility should be made before submission of the 

redevelopment plan concerned under subparagraph (G).

 (L)(i) If the Secretary of Housing and Urban Development determines under subparagraph (J) that a 

revised redevelopment plan for an installation does not meet the requirements set forth in subparagraph 

(H)(i), or if no revised plan is so submitted, that Secretary shall—

(I) review the original redevelopment plan submitted to that Secretary under subparagraph (G), 

including the notice or notices of representatives of the homeless referred to in clause (ii)(II) of 

that subparagraph;

(II) consult with the representatives referred to in subclause (I), if any, for purposes of 

evaluating the continuing interest of such representatives in the use of buildings or property at 

the installation to assist the homeless;

(III) request that each such representative submit to that Secretary the items described in clause 

(ii); and

(IV) based on the actions of that Secretary under subclauses (I) and (II), and on any 

information obtained by that Secretary as a result of such actions, indicate to the Secretary of 

Defense the buildings and property at the installation that meet the requirements set forth in 

subparagraph (H)(i).

(ii) The Secretary of Housing and Urban Development may request under clause (i)(III) that a 

representative of the homeless submit to that Secretary the following:

(I) A description of the program of such representative to assist the homeless.

(II) A description of the manner in which the buildings and property that the representative 

proposes to use for such purpose will assist the homeless.

(III) Such information as that Secretary requires in order to determine the financial capacity of 

the representative to carry out the program and to ensure that the program will be carried out in 

compliance with Federal environmental law and Federal law against discrimination.

(IV) A certification that police services, fire protection services, and water and sewer services 

available in the communities in the vicinity of the installation concerned are adequate for the 

program.
DoD Base Reuse Implementation Manual

December 1997 B-43

(iii) Not later than 90 days after the date of the receipt of a revised plan for an installation under 

subparagraph (J), the Secretary of Housing and Urban Development shall—

(I) notify the Secretary of Defense and the redevelopment authority concerned of the buildings 

and property at an installation under clause (i)(IV) that the Secretary of Housing and Urban 

Development determines are suitable for use to assist the homeless; and

(II) notify the Secretary of Defense of the extent to which the revised plan meets the criteria set 

forth in subparagraph (H)(i).

(iv)(I) Upon notice from the Secretary of Housing and Urban Development with respect to an 

installation under clause (iii), the Secretary of Defense shall dispose of buildings and property at the 

installation in consultation with the Secretary of Housing and Urban Development and the 

redevelopment authority concerned.

(II) For purposes of carrying out an environmental assessment of the closure or realignment of 

an installation, the Secretary of Defense shall treat the redevelopment plan submitted by the 

redevelopment authority for the installation (including the aspects of the plan providing for 

disposal to State or local governments, representatives of the homeless, and other interested 

parties) as part of the proposed Federal action for the installation. The Secretary of Defense shall 

incorporate the notification of the Secretary of Housing and Urban Development under clause 

(iii)(I) as part of the proposed Federal action for the installation only to the extent, if any, that the 

Secretary of Defense considers such incorporation to be appropriate and consistent with the best 

and highest use of the installation as a whole, taking into consideration the redevelopment plan 

submitted by the redevelopment authority.

(III) The Secretary of Defense shall dispose of buildings and property under subclause (I) in 

accordance with the record of decision or other decision document prepared by the Secretary in 

accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.). In 

preparing the record of decision or other decision document, the Secretary shall give deference to 

the redevelopment plan submitted by the redevelopment authority for the installation.

(IV) The disposal under subclause (I) of buildings and property to assist the homeless shall be 

without consideration.

(V) In the case of a request for a conveyance under subclause (I) of buildings and property for 

public benefit under section 203(k) of the Federal Property and Administrative Services Act of 

1949 (40 U.S.C. 484(k)) or sections 47151 through 47153 of title 49, United States Code, the 

sponsoring Federal agency shall use the eligibility criteria set forth in such section or such 

subchapter (as the case may be) to determine the eligibility of the applicant and use proposed in 

the request for the public benefit conveyance. The determination of such eligibility should be 

made before submission of the redevelopment plan concerned under subparagraph (G).

 (M)(i) In the event of the disposal of buildings and property of an installation pursuant to subparagraph 

(K) or (L), the redevelopment authority for the installation shall be responsible for the implementation of 

and compliance with agreements under the redevelopment plan described in that subparagraph for the 

installation.

(ii) If a building or property reverts to a redevelopment authority under such an agreement, the 

redevelopment authority shall take appropriate actions to secure, to the maximum extent practicable, 

the utilization of the building or property by other homeless representatives to assist the homeless. A 

redevelopment authority may not be required to utilize the building or property to assist the homeless.

(N) The Secretary of Defense may postpone or extend any deadline provided for under this paragraph in 

the case of an installation covered by this paragraph for such period as the Secretary considers appropriate 

if the Secretary determines that such postponement is in the interests of the communities affected by the 

closure of the installation. The Secretary shall make such determinations in consultation with the 

redevelopment authority concerned and, in the case of deadlines provided for under this paragraph with 

respect to the Secretary of Housing and Urban Development, in consultation with the Secretary of Housing 

and Urban Development.
Defense Base Closure and Realignment Act of 1990, as amended

B-44 December 1997

(O) For purposes of this paragraph, the term “communities in the vicinity of the installation”, in the 

case of an installation, means the communities that constitute the political jurisdictions (other than the 

State in which the installation is located) that comprise the redevelopment authority for the installation.

(P) For purposes of this paragraph, the term “other interested parties”, in the case of an installation, 

includes any parties eligible for the conveyance of property of the installation under section 203(k) of the 

Federal Property and Administrative Services Act of 1949 (40 U.S.C. 484(k)) or sections 47151 through 

47153 of title 49, United States Code, whether or not the parties assist the homeless.

(8)(A) Subject to subparagraph (C), the Secretary may enter into agreements (including contracts, 

cooperative agreements, or other arrangements for reimbursement) with local governments for the provision of 

police or security services, fire protection services, airfield operation services, or other community services by 

such governments at military installations to be closed under this part, or at facilities not yet transferred or 

otherwise disposed of in the case of installations closed under this part, if the Secretary determines that the 

provision of such services under such agreements is in the best interests of the Department of Defense.

(B) The Secretary may exercise the authority provided under this paragraph without regard to the 

provisions of chapter 146 of title 10, United States Code.

(C) The Secretary may not exercise the authority under subparagraph (A) with respect to an installation 

earlier than 180 days before the date on which the installation is to be closed.

(D) The Secretary shall include in a contract for services entered into with a local government under 

this paragraph a clause that requires the use of professionals to furnish the services to the extent that 

professionals are available in the area under the jurisdiction of such government.

(c) APPLICABILITY OF NATIONAL ENVIRONMENTAL POLICY ACT OF 1969.—(1) The provisions of the National 

Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall not apply to the actions of the President, the 

Commission, and, except as provided in paragraph (2), the Department of Defense in carrying out this part.

(2)(A) The provisions of the National Environmental Policy Act of 1969 shall apply to actions of the 

Department of Defense under this part (i) during the process of property disposal, and (ii) during the process 

of relocating functions from a military installation being closed or realigned to another military installation 

after the receiving installation has been selected but before the functions are relocated.

(B) In applying the provisions of the National Environmental Policy Act of 1969 to the processes 

referred to in subparagraph (A), the Secretary of Defense and the Secretary of the military departments 

concerned shall not have to consider—

(i) the need for closing or realigning the military installation which has been recommended for 

closure or realignment by the Commission;

(ii) the need for transferring functions to any military installation which has been selected as the 

receiving installation; or

(iii) military installations alternative to those recommended or selected.

(3) A civil action for judicial review, with respect to any requirement of the National Environmental Policy 

Act of 1969 to the extent such Act is applicable under paragraph (2), of any act or failure to act by the 

Department of Defense during the closing, realigning, or relocating of functions referred to in clauses (i) and 

(ii) of paragraph (2)(A), may not be brought more than 60 days after the date of such act or failure to act.

(d) WAIVER.—The Secretary of Defense may close or realign military installations under this part without 

regard to—

(1) any provision of law restricting the use of funds for closing or realigning military installations included 

in any appropriations or authorization Act; and 

(2) sections 2662 and 2687 of title 10, United States Code.

(e) TRANSFER AUTHORITY IN CONNECTION WITH PAYMENT OF ENVIRONMENTAL REMEDIATION COSTS.—

(1)(A) Subject to paragraph (2) of this subsection and section 120(h) of the Comprehensive Environmental 

Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)), the Secretary may enter into an 

agreement to transfer by deed real property or facilities referred to in subparagraph (B) with any person who agrees 

to perform all environmental restoration, waste management, and environmental compliance activities that are 

required for the property or facilities under Federal and State laws, administrative decisions, agreements (including 

schedules and milestones), and concurrences.
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December 1997 B-45

(B) The real property and facilities referred to in subparagraph (A) are the real property and facilities 

located at an installation closed or to be closed under this part that are available exclusively for the use, or 

expression of an interest in a use, of a redevelopment authority under subsection (b)(6)(F) during the 

period provided for that use, or expression of interest in use, under that subsection.

(C) The Secretary may require any additional terms and conditions in connection with an agreement 

authorized by subparagraph (A) as the Secretary considers appropriate to protect the interests of the 

United States.

(2) A transfer of real property or facilities may be made under paragraph (1) only if the Secretary certifies to 

Congress that—

(A) the costs of all environmental restoration, waste management, and environmental compliance 

activities to be paid by the recipient of the property or facilities are equal to or greater than the fair market 

value of the property or facilities to be transferred, as determined by the Secretary; or

(B) if such costs are lower than the fair market value of the property or facilities, the recipient of the 

property or facilities agrees to pay the difference between the fair market value and such costs.

(3) As part of an agreement under paragraph (1), the Secretary shall disclose to the person to whom the 

property or facilities will be transferred any information of the Secretary regarding the environmental 

restoration, waste management, and environmental compliance activities described in paragraph (1) that relate 

to the property or facilities. The Secretary shall provide such information before entering into the agreement.

(4) Nothing in this subsection shall be construed to modify, alter, or amend the Comprehensive 

Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) or the Solid 

Waste Disposal Act (42 U.S.C. 6901 et seq.).

(5) Section 330 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484; 10 

U.S.C. 2687 note) shall not apply to any transfer under this subsection to persons or entities described in 

subsection (a)(2) of such section 330.

(6) The Secretary may not enter into an agreement to transfer property or facilities under this subsection 

after the expiration of the five-year period beginning on the date of the enactment of the National Defense 

Authorization Act for Fiscal Year 1994 [November 30, 1993].

(f) TRANSFER AUTHORITY IN CONNECTION WITH CONSTRUCTION OR PROVISION OF MILITARY FAMILY HOUSING.—

(1) Subject to paragraph (2), the Secretary may enter into an agreement to transfer by deed real property or 

facilities located at or near an installation closed or to be closed under this part with any person who agrees, in 

exchange for the real property or facilities, to transfer to the Secretary housing units that are constructed or 

provided by the person and located at or near a military installation at which there is a shortage of suitable housing 

to meet the requirements of members of the Armed Forces and their dependents. The Secretary may not select real 

property for transfer under this paragraph if the property is identified in the redevelopment plan for the installation 

as property essential to the reuse or redevelopment of the installation.

(2) A transfer of real property or facilities may be made under paragraph (1) only if—

(A) the fair market value of the housing units to be received by the Secretary in exchange for the 

property or facilities to be transferred is equal to or greater than the fair market value of such property or 

facilities, as determined by the Secretary; or

(B) in the event the fair market value of the housing units is less than the fair market value of property 

or facilities to be transferred, the recipient of the property or facilities agrees to pay to the Secretary the 

amount equal to the excess of the fair market value of the property or facilities over the fair market value 

of the housing units.

(3) Notwithstanding paragraph (2) of section 2906(a), the Secretary may deposit funds received under 

paragraph (2)(B) in the Department of Defense Family Housing Improvement Fund established under section 

2873(a) of title 10, United States Code.

(4) The Secretary shall submit to the congressional defense committees a report describing each agreement 

proposed to be entered into under paragraph (1), including the consideration to be received by the United 

States under the agreement. The Secretary may not enter into the agreement until the end of the 30-day period 

beginning on the date the congressional defense committees receive the report regarding the agreement.
Defense Base Closure and Realignment Act of 1990, as amended

B-46 December 1997

(5) The Secretary may require any additional terms and conditions in connection with an agreement 

authorized by this subsection as the Secretary considers appropriate to protect the interests of the United 

States.

(g) ACQUISITION OF MANUFACTURED HOUSING.—(1) In closing or realigning any military installation under 

this part, the Secretary may purchase any or all right, title, and interest of a member of the Armed Forces and any 

spouse of the member in manufactured housing located at a manufactured housing park established at an 

installation closed or realigned under this part, or make a payment to the member to relocate the manufactured 

housing to a suitable new site, if the Secretary determines that—

(A) it is in the best interests of the Federal Government to eliminate or relocate the manufactured 

housing park; and

(B) the elimination or relocation of the manufactured housing park would result in an unreasonable 

financial hardship to the owners of the manufactured housing.

(2) Any payment made under this subsection shall not exceed 90 percent of the purchase price of the 

manufactured housing, as paid by the member or any spouse of the member, plus the cost of any permanent 

improvements subsequently made to the manufactured housing by the member or spouse of the member.

(3) The Secretary shall dispose of manufactured housing acquired under this subsection through resale, 

donation, trade or otherwise within one year of acquisition.

SEC. 2906. ACCOUNT

(a) IN GENERAL.—(1) There is hereby established on the books of the Treasury an account to be known as the 

“Department of Defense Base Closure Account 1990” which shall be administered by the Secretary as a single 

account.

(2) There shall be deposited into the Account—

(A) funds authorized for and appropriated to the Account;

(B) any funds that the Secretary may, subject to approval in an appropriation Act, transfer to the 

Account from funds appropriated to the Department of Defense for any purpose, except that such funds 

may be transferred only after the date on which the Secretary transmits written notice of, and justification 

for, such transfer to the congressional defense committees;

(C) except as provided in subsection (d), proceeds received from the lease, transfer, or disposal of any 

property at a military installation closed or realigned under this part; and

(D) proceeds received after September 30, 1995, from the lease, transfer, or disposal of any property at a 

military installation closed or realigned under title II of the Defense Authorization Amendments and Base 

Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note).

(b) USE OF FUNDS.—(1) The Secretary may use the funds in the Account only for the purposes described in 

section 2905, or, after September 30, 1995, for environmental restoration and property management and disposal 

at installations closed or realigned under title II of the Defense Authorization Amendments and Base Closure and 

Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note).

(2) When a decision is made to use funds in the Account to carry out a construction project under section 

2905(a) and the cost of the project will exceed the maximum amount authorized by law for a minor military 

construction project, the Secretary shall notify in writing the congressional defense committees of the nature 

of, and justification for, the project and the amount of expenditures for such project. Any such construction 

project may be carried out without regard to section 2802(a) of title 10, United States Code.

(c) REPORTS.—(1)(A) No later than 60 days after the end of each fiscal year in which the Secretary carries out 

activities under this part, the Secretary shall transmit a report to the congressional defense committees of the 

amount and nature of the deposits into, and the expenditures from, the Account during such fiscal year and of the 

amount and nature of other expenditures made pursuant to section 2905(a) during such fiscal year.

(B) The report for a fiscal year shall include the following:

(i) The obligations and expenditures from the Account during the fiscal year, identified by 

subaccount, for each military department and Defense Agency.

(ii) The fiscal year in which appropriations for such expenditures were made and the fiscal year in 

which funds were obligated for such expenditures.
DoD Base Reuse Implementation Manual

December 1997 B-47

(iii) Each military construction project for which such obligations and expenditures were made, 

identified by installation and project title.

(iv) A description and explanation of the extent, if any, to which expenditures for military 

construction projects for the fiscal year differed from proposals for projects and funding levels that 

were included in the justification transmitted to Congress under section 2907(1), or otherwise, for the 

funding proposals for the Account for such fiscal year, including an explanation of—

(I) any failure to carry out military construction projects that were so proposed; and

(II) any expenditures for military construction projects that were not so proposed.

(2) Unobligated funds which remain in the Account after the termination of the authority of the Secretary to 

carry out a closure or realignment under this part shall be held in the Account until transferred by law after the 

congressional defense committees receive the report transmitted under paragraph (3).

(3) No later than 60 days after the termination of the authority of the Secretary to carry out a closure or 

realignment under this part, the Secretary shall transmit to the congressional defense committees a report 

containing an accounting of—

(A) all the funds deposited into and expended from the Account or otherwise expended under this part; 

and

(B) any amount remaining in the Account.

(d) DISPOSAL OR TRANSFER OF COMMISSARY STORES AND PROPERTY PURCHASED WITH NONAPPROPRIATED 

FUNDS.—(1) If any real property or facility acquired, constructed, or improved (in whole or in part) with 

commissary store funds or nonappropriated funds is transferred or disposed of in connection with the closure or 

realignment of a military installation under this part, a portion of the proceeds of the transfer or other disposal of 

property on that installation shall be deposited in the reserve account established under section 204(b)(7)(C) of the 

Defense Authorization Amendments and Base Closure and Realignment Act (10 U.S.C. 2687 note).

(2) The amount so deposited shall be equal to the depreciated value of the investment made with such funds 

in the acquisition, construction, or improvement of that particular real property or facility. The depreciated 

value of the investment shall be computed in accordance with regulations prescribed by the Secretary of 

Defense.

(3) The Secretary may use amounts in the account (in such an aggregate amount as is provided in advance 

in appropriation Acts) for the purpose of acquiring, constructing, and improving—

(A) commissary stores; and

(B) real property and facilities for nonappropriated fund instrumentalities.

(4) As used in this subsection:

(A) The term “commissary store funds” means funds received from the adjustment of, or surcharge on, 

selling prices at commissary stores fixed under section 2685 of title 10, United States Code.

(B) The term “nonappropriated funds” means funds received from a nonappropriated fund 

instrumentality.

(C) The term “nonappropriated fund instrumentality” means an instrumentality of the United States 

under the jurisdiction of the Armed Forces (including the Army and Air Force Exchange Service, the 

Navy Resale and Services Support Office, and the Marine Corps exchanges) which is conducted for the 

comfort, pleasure, contentment, or physical or mental improvement of members of the Armed Forces.

(e) ACCOUNT EXCLUSIVE SOURCE OF FUNDS FOR ENVIRONMENTAL RESTORATION PROJECTS.—Except for 

funds deposited into the Account under subsection (a), funds appropriated to the Department of Defense may not be 

used for purposes described in section 2905 (a)(1)(C). The prohibition in this subsection shall expire upon the 

termination of the authority of the Secretary to carry out a closure or realignment under this part.

SEC. 2907. REPORTS

As part of the budget request for fiscal year 1993 and for each fiscal year thereafter for the Department of 

Defense, the Secretary shall transmit to the congressional defense committees of Congress—

(1) a schedule of the closure and realignment actions to be carried out under this part in the fiscal year for 

which the request is made and an estimate of the total expenditures required and cost savings to be achieved by 
Defense Base Closure and Realignment Act of 1990, as amended

B-48 December 1997

each such closure and realignment and of the time period in which these savings are to be achieved in each 

case, together with the Secretary’s assessment of the environmental effects of such actions; and

(2) a description of the military installations, including those under construction and those planned for 

construction, to which functions are to be transferred as a result of such closures and realignments, together 

with the Secretary’s assessment of the environmental effects of such transfers.

SEC. 2908. CONGRESSIONAL CONSIDERATION OF COMMISSION REPORT

(a) TERMS OF THE RESOLUTION.—For purposes of section 2904(b), the term “joint resolution” means only a 

joint resolution which is introduced within the 10-day period beginning on the date on which the President 

transmits the report to the Congress under section 2903(e), and—

(1) which does not have a preamble;

(2) the matter after the resolving clause of which is as follows: “That Congress disapproves the 

recommendations of the Defense Base Closure and Realignment Commission as submitted by the President on 

 ”, the blank space being filled in with the appropriate date; and

(3) the title of which is as follows: “Joint resolution disapproving the recommendations of the Defense Base 

Closure and Realignment Commission.”.

(b) REFERRAL.—A resolution described in subsection (a) that is introduced in the House of Representatives shall 

be referred to the Committee on Armed Services of the House of Representatives. A resolution described in 

subsection (a) introduced in the Senate shall be referred to the Committee on Armed Services of the Senate.

(c) DISCHARGE.—If the committee to which a resolution described in subsection (a) is referred has not reported 

such a resolution (or an identical resolution) by the end of the 20-day period beginning on the date on which the 

President transmits the report to the Congress under section 2903(e), such committee shall be, at the end of such 

period, discharged from further consideration of such resolution, and such resolution shall be placed on the 

appropriate calendar of the House involved.

(d) CONSIDERATION.—(1) On or after the third day after the date on which the committee to which such a 

resolution is referred has reported, or has been discharged (under subsection (c)) from further consideration of, 

such a resolution, it is in order (even though a previous motion to the same effect has been disagreed to) for any 

Member of the respective House to move to proceed to the consideration of the resolution. A member may make the 

motion only on the day after the calendar day on which the Member announces to the House concerned the 

Member’s intention to make the motion, except that, in the case of the House of Representatives, the motion may 

be made without such prior announcement if the motion is made by direction of the committee to which the 

resolution was referred.

The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not 

debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the 

consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to 

shall not be in order. If a motion to proceed to the consideration of the resolution is agreed to, the respective House 

shall immediately proceed to consideration of the joint resolution without intervening motion, order, or other 

business, and the resolution shall remain the unfinished business of the respective House until disposed of.

(2) Debate on the resolution, and on all debatable motions and appeals in connection therewith, shall be 

limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing 

the resolution. An amendment to the resolution is not in order. A motion further to limit debate is in order and 

not debatable. A motion to postpone, or a motion to proceed to the consideration of other business, or a motion 

to recommit the resolution is not in order. A motion to reconsider the vote by which the resolution is agreed to 

or disagreed to is not in order.

(3) Immediately following the conclusion of the debate on a resolution described in subsection (a) and a 

single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate 

House, the vote on final passage of the resolution shall occur.

(4) Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House 

of Representatives, as the case may be, to the procedure relating to a resolution described in subsection (a) 

shall be decided without debate.
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December 1997 B-49

(e) CONSIDERATION BY OTHER HOUSE.—(1) If, before the passage by one House of a resolution of that House 

described in subsection (a), that House receives from the other House a resolution described in subsection (a), then 

the following procedures shall apply:

(A) The resolution of the other House shall not be referred to a committee and may not be considered in 

the House receiving it except in the case of final passage as provided in subparagraph (B)(ii).

(B) With respect to a resolution described in subsection (a) of the House receiving the resolution—

(i) the procedure in that House shall be the same as if no resolution had been received from the 

other House; but

(ii) the vote on final passage shall be on the resolution of the other House.

(2) Upon disposition of the resolution received from the other House, it shall no longer be in order to 

consider the resolution that originated in the receiving House.

(f) RULES OF THE SENATE AND HOUSE.—This section is enacted by Congress—

(1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as 

such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the 

procedure to be followed in that House in the case of a resolution described in subsection (a), and it supersedes 

other rules only to the extent that it is inconsistent with such rules; and

(2) with full recognition of the constitutional right of either House to change the rules (so far as relating to 

the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any 

other rule of that House.

SEC. 2909. RESTRICTION ON OTHER BASE CLOSURE AUTHORITY

(a) IN GENERAL.—Except as provided in subsection (c), during the period beginning on the date of the 

enactment of this Act and ending on December 31, 1995, this part shall be the exclusive authority for selecting for 

closure or realignment, or for carrying out any closure or realignment of, a military installation inside the United 

States.

(b) RESTRICTION.—Except as provided in subsection (c), none of the funds available to the Department of 

Defense may be used, other than under this part, during the period specified in subsection (a)—

(1) to identify, through any transmittal to the Congress or through any other public announcement or 

notification, any military installation inside the United States as an installation to be closed or realigned or as 

an installation under consideration for closure or realignment; or

(2) to carry out any closure or realignment of a military installation inside the United States.

(c) EXCEPTION.—Nothing in this part affects the authority of the Secretary to carry out—

(1) closures and realignments under title II of Public Law 100-526; and

(2) closures and realignments to which section 2687 of title 10, United States Code, is not applicable, 

including closures and realignments carried out for reasons of national security or a military emergency 

referred to in subsection (c) of such section.

SEC. 2910. DEFINITIONS

As used in this part:

(1) The term “Account” means the Department of Defense Base Closure Account 1990 established by 

section 2906(a)(1).

(2) The term “congressional defense committees” means the Committee on Armed Services and the 

Committee on Appropriations of the Senate and the Committee on National Security and the Committee on 

Appropriations of the House of Representatives.

(3) The term “Commission” means the Commission established by section 2902.

(4) The term “military installation” means a base, camp, post, station, yard, center, homeport facility for any 

ship, or other activity under the jurisdiction of the Department of Defense, including any leased facility. Such 

term does not include any facility used primarily for civil works, rivers and harbors projects, flood control, or 

other projects not under the primary jurisdiction or control of the Department of Defense. [The preceding 

sentence shall take effect as of November 5, 1990, and shall apply as if it had been included in section 

2910(4) of the Defense Base Closure and Realignment Act of 1990 on that date.]
Defense Base Closure and Realignment Act of 1990, as amended

B-50 December 1997

(5) The term “realignment” includes any action which both reduces and relocates functions and civilian 

personnel positions but does not include a reduction in force resulting from workload adjustments, reduced 

personnel or funding levels, or skill imbalances.

(6) The term “Secretary” means the Secretary of Defense.

(7) The term “United States” means the 50 States, the District of Columbia, the Commonwealth of Puerto 

Rico, Guam, the Virgin Islands, American Samoa, and any other commonwealth, territory, or possession of 

the United States.

(8) The term “date of approval”, with respect to a closure or realignment of an installation, means the date 

on which the authority of Congress to disapprove a recommendation of closure or realignment, as the case may 

be, of such installation under this part expires. [The date of approval of closure of any installation approved 

for closure before November 30, 1993 shall be deemed to be November 30, 1993.]

(9) The term “redevelopment authority”, in the case of an installation to be closed under this part, means 

any entity (including an entity established by a State or local government) recognized by the Secretary of 

Defense as the entity responsible for developing the redevelopment plan with respect to the installation or for

directing the implementation of such plan. [The above revision shall take effect as if included in the 

amendments made by section 2918 of Pub. L. 103-160.]

(10) The term “redevelopment plan” in the case of an installation to be closed under this part, means a plan 

that—

(A) is agreed to by the local redevelopment authority with respect to the installation; and

(B) provides for the reuse or redevelopment of the real property and personal property of the installation 

that is available for such reuse and redevelopment as a result of the closure of the installation.

(11) The term “representative of the homeless” has the meaning given such term in section 501(i)(4) of the 

Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11411(i)(4)).

SEC. 2911. CLARIFYING AMENDMENT

Section 2687(e)(1) of title 10, United States Code, is amended—

(1) by inserting “homeport facility for any ship,” after “center,”; and

(2) by striking out “under the jurisdiction of the Secretary of a military department” and inserting in lieu 

thereof “under the jurisdiction of the Department of Defense, including any leased facility,”.
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December 1997 C-1

Appendix C

32 CFR Parts 174, 175, and 176
32 CFR Parts 174, 175, and 176

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December 1997 C-3

32 CFR Part 174:

Revitalizing Base Closure Communities

Part 174—REVITALIZING BASE CLOSURE COMMUNITIES

Sec.

174.1 Purpose.

174.2 Applicability.

174.3 Definitions.

174.4 Policy.

174.5 Responsibilities. 

Authority: 102 Stat. 2623, 104 Stat. 1808, 108 Stat. 4326, and 107 Stat. 1909

Section 174.1 Purpose.

(a) This part: 

(1) Establishes policy and assigns responsibilities under the President’s Five-Part Plan, “A Program to 

Revitalize Base Closure Communities,” July 2, 1993,1 to speed the economic recovery of communities 

where military bases are slated to close. 

(2) Implements 107 Stat. 1909, National Defense Authorization Act for Fiscal Year 1994, Title XXIX and 

The Base Closure Community Redevelopment and Homeless Assistance Act of 1994 (Pub. L. 103-421).

(3) Authorizes the publication of DoD 4165.66-M, “Base Reuse Implementation Manual,” in accordance 

with DoD 5025.1-M, “DoD Directive System Procedures,” August 1994.

Section 174.2 Applicability.

This part applies to the Office of the Secretary of Defense, the Military Departments, the Chairman of the Joint 

Chiefs of Staff, the Unified Combatant Commands, the Defense Agencies, and the DoD Field Activities (hereafter 

referred to collectively as “the DoD Components”).

Section 174.3 Definitions.

(a) Closure. All missions of the installation have ceased or have been relocated. All personnel positions 

(military, civilian and contractor) have either been eliminated or relocated, except for personnel required for 

caretaking, conducting any ongoing environmental cleanup, and disposal of the base, or personnel remaining 

in authorized enclaves.

 

 

1

 Available from the Office of the Assistant Secretary of Defense, The Pentagon, Room 1D760, Washington, DC 

 20301-3300; email: “base_reuse@acq.osd.mil”
32 CFR Part 174: Revitalizing Base Closure Communities

C-4 December 1997

(b) Realignment. Any action that both reduces and relocates functions and DoD civilian personnel positions, but 

does not include a reduction in force resulting from workload adjustments, reduced personnel or funding 

levels, skill imbalances, or other similar cause. A realignment may terminate the DoD requirement for the 

land and facilities on part of an installation. That part of the installation shall be treated as “closed” for 

purposes of this part. 

Section 174.4 Policy.

It is DoD policy to:

(a) Help communities impacted by base closures and realignments achieve rapid economic recovery through

effective reuse of the assets of closing and realigning bases — more quickly, more effectively and in ways 

based on local market conditions and locally developed reuse plans. This will be accomplished by quickly 

insuring that communities and the Military Departments communicate effectively and work together to 

accomplish mutual goals of quick property disposal and rapid job generation. 

(b) This part does not create any rights or remedies and may not be relied upon by any person, organization, or 

other entity to allege a denial of any rights or remedies other than those provided by Title XXIX of Pub. L. 

103-160, or Pub. L. 103-421. 

Section 174.5 Responsibilities.

(a) The Under Secretary of Defense for Acquisition and Technology shall issue DoD Instructions as necessary, to 

further implement applicable public laws effecting base closure implementation, and shall monitor 

compliance with this part. All authorities of the Secretary of Defense in Pub. L. 103-421 (108 Stat. 4326 et 

seq.); Pub. L. 103-160, Title XXIX (107 Stat. 1909 et seq.); Pub. L. 101-510, Section 2905 (104 Stat. 1813 et 

seq.); and Pub. L. 100-526, Section 204 (102 Stat. 2627 et seq.), are hereby delegated to the Assistant 

Secretary of Defense for Economic Security and may be delegated further. 

(b) The Heads of the DoD Components shall advise their personnel with responsibilities related to base closures 

of the policies set forth in this part.
December 1997 C-5

32 CFR Part 175:

Revitalizing Base Closure 

Communities—Base Closure 

Community Assistance

Note: The italicized text was promulgated as a Proposed Rule on February 21, 1997 (62 FR 79666).

PART 175—REVITALIZING BASE CLOSURE COMMUNITIES—BASE CLOSURE COMMUNITY

ASSISTANCE

Sec.

175.1 Purpose.

175.2 Applicability.

175.3 Definitions.

175.4 Policy.

175.5 Responsibilities.

175.6 Delegations of authority.

175.7 Procedures.

Authority: 10 U.S.C. 2687 note.

Section 175.1 Purpose.

This part prescribes procedures to implement “Revitalizing Base Closure Communities” (32 CFR Part 174), the 

President’s five-part community reinvestment program, and real and personal property disposal to assist the 

economic recovery of communities impacted by base closures and realignments. The expeditious disposal of real 

and personal property will help communities get started with reuse early and is therefore critical to timely 

economic recovery. 

Section 175.2 Applicability.

This part applies to the Office of the Secretary of Defense, the Military Departments, the Chairman of the Joint 

Chiefs of Staff, the Unified Combatant Commands, the Defense Agencies, and the DoD Field Activities (hereafter 

referred to collectively as “the DoD Components”). 
32 CFR Part 175: Revitalizing Base Closure Communities—Base Closure Community Assistance

C-6 December 1997

Section 175.3 Definitions.

(a) Base Closure Law. The provisions of Title II of the Defense Authorization Amendments and Base Closure 

and Realignment Act (Pub. L. 100-526, 102 Stat. 2623, 10 U.S.C. 2687 note), or the Defense Base Closure 

and Realignment Act of 1990 (Pub. L. 101-510, Part A of Title XXIX of 104 Stat. 1808, 10 U.S.C 2687 note).

(b) Closure. All missions of the installation have ceased or have been relocated. All personnel positions 

(military, civilian, and contractor) have either been eliminated or relocated, except for personnel required for 

caretaking, conducting any ongoing environmental cleanup, and disposal of the base, or personnel remaining 

in authorized enclaves. 

(c) Consultation. Explaining and discussing an issue, considering objections, modifications, and alternatives; 

but without a requirement to reach agreement.

(d) Date of approval. The date on which the authority of Congress to disapprove Defense Base Closure and 

Realignment Commission recommendations for closures or realignments of installations expires under Title 

XXIX of 104 Stat. 1808, as amended. 

(e) Excess property. Any property under the control of a Military Department that the Secretary concerned 

determines is not required for the needs of the Department of Defense.

(f) Realignment. Any action that both reduces and relocates functions and DoD civilian personnel positions, but 

does not include a reduction in force resulting from workload adjustments, reduced personnel or funding 

levels, skill imbalances, or other similar cause. A realignment may terminate the DoD requirement for the 

land and facilities on part of an installation. That part of the installation shall be treated as “closed” for this 

document. 

(g) Local Redevelopment Authority (LRA). Any authority or instrumentality established by state or local 

government and recognized by the Secretary of Defense, through the Office of Economic Adjustment, as the 

entity responsible for developing the redevelopment plan with respect to the installation or for directing 

implementation of the plan. 

(h) Rural. An area outside a Metropolitan Statistical Area.

(i) Surplus property. Any excess property not required for the needs and the discharge of the responsibilities of 

federal agencies. Authority to make this determination, after screening with all federal agencies, rests with 

the Military Departments.

(j) Communities in the Vicinity of the Installation. The communities that constitute the political jurisdictions 

(other than the State in which the installation is located) that comprise the redevelopment authority for the 

installation. 

(k) Installation. A base, camp, post, station, yard, center, homeport facility for any ship, or other activity under 

the jurisdiction of the Department of Defense, including any leased facility. Such term does not include any 

facility used primarily for civil works, rivers and harbors projects, flood control, or other projects not under 

the primary jurisdiction or control of the Department of Defense.

(l) Similar use. A use that is comparable to or essentially the same as the use under the original lease.

Section 175.4 Policy.

It is DoD policy to help communities impacted by base closures and realignments achieve rapid economic recovery 

through effective reuse of the assets of closing and realigning bases — more quickly, more effectively and in ways 

based on local market conditions and locally developed reuse plans. This will be accomplished by quickly ensuring 

that communities and the Military Departments communicate effectively and work together to accomplish mutual 

goals of quick property disposal and rapid job generation. This regulation does not create any rights or remedies 

and may not be relied upon by any person, organization, or other entity to allege a denial of any rights or remedies 

other than those provided by Title XXIX of Pub. L. 103-160, or Pub. L. 103-421, or Title XXVII of Pub. L. 104-

106.
DoD Base Reuse Implementation Manual

December 1997 C-7

Section 175.5 Responsibilities.

(a) The Deputy Under Secretary of Defense (Industrial Affairs and Installations), after coordination with the 

General Counsel of the Department of Defense and other officials as appropriate, may issue such guidance 

and instructions through the publication of a manual or other such document as may be necessary to 

implement Laws, Directives and Instructions on the retention or disposal of real and personal property at 

closing or realigning bases.

(b) The Heads of the DoD Components shall ensure compliance with this part and guidance issued by the 

Assistant Secretary of Defense for Economic Security on revitalizing base closure communities.

Section 175.6 Delegations of authority.

(a) The authority provided by Sections 202 and 203 of the Federal Property and Administrative Services Act of 

1949, as amended (40 U.S.C. 483 and 484) for the utilization and disposal of excess and surplus property at 

closing and realigning bases has been delegated by the Administrator, GSA, to the Secretary of Defense by 

delegations dated March 1, 1989; October 9, 1990; September 13, 1991; and, September 1, 19952. Authority 

under these delegations has been previously delegated to the Secretaries of the Military Departments, who 

may delegate this authority further. 

(b) Authorities delegated to the Deputy Under Secretary of Defense (Industrial Affairs and Installations)3 by 

section 174.5 are hereby redelegated to the Secretaries of the Military Departments, unless otherwise provided 

within this Part or other DoD directive, instruction, manual or regulation. These authorities may be delegated 

further.

Section 175.7 Procedures.

 

 

2

 Available from the Base Closure and Community Reinvestment Office, 400 Army Navy Drive, Suite 200, Arlington, 

VA 22202; e mail: base_reuse@acq.osd.mil

 

3

 A Deputy Secretary of Defense memorandum of May 16, 1996, “OUSD (Acquisition and Technology 

Reorganization” disestablished the office of the Assistant Secretary of Defense for Economic Security and 

established the office of the Deputy Under Secretary of Defense (Industrial Affairs and Installations). Copies are 

available from the Base Closure and Community Reinvestment Office, 400 Army Navy Drive, Suite 200, Arlington, 

VA 22202, e mail: base_reuse@acq.osd.mil

(a) Identification of interest in real property.

(1) To speed the economic recovery of communities affected by closures and realignments, it is DoD policy 

to identify DoD and federal interests in real property at closing and realigning military bases as quickly 

as possible. The Military Department having responsibility for the closing or realigning base shall 

identify such interests. The Military Department will keep the Local Redevelopment Authority (LRA) 

informed of these interests. This section establishes a uniform process, with specified timelines, for 

identifying real property which is excess to the Military Departments for use by other Department of 

Defense (DoD) Components and other federal agencies, and for the disposal of surplus property for 

various purposes.

(2) Upon the President’s submission of the recommendations for base closures and realignments to the 

Congress in accordance with the Defense Base Closure and Realignment Act of 1990 (Public Law 101-

510), the Military Department shall send out a notice of potential availability to the other DoD 

Components, and other federal agencies. The notice of potential availability is a public document and 

should be made available in a timely basis, upon request. Federal agencies are encouraged to review this 

list, and to evaluate whether they may have a requirement for the listed properties. The notice of 

potential availability should describe the property and buildings that may be available for transfer. 
32 CFR Part 175: Revitalizing Base Closure Communities—Base Closure Community Assistance

C-8 December 1997

Installations which wholly or in part are comprised of withdrawn and reserved public domain lands 

should implement paragraph (a)(12) of this section at the same time.

(3) Military Departments should consider LRA input in making determinations on the retention of property 

(size of cantonment area), if provided. Generally, determinations on the retention of property (or size of 

the cantonment area) should be completed prior to the date of approval of the closure or realignment.

(4) Within one week of the date of approval of the closure or realignment, the Military Department shall 

issue a formal notice of availability to other DoD Components and federal agencies covering closing and 

realigning installation buildings and property available for transfer to other DoD Components and 

federal agencies. Withdrawn public domain lands, which the Secretary of the Interior has determined 

are suitable for return to his jurisdiction, will not be included in the notice of availability.

(5) Within 30 days of date of the notice of availability, any DoD Component or federal agency is required to 

provide a written, firm expression of interest for buildings and property. An expression of interest must 

explain the intended use and the corresponding requirement for the buildings and property.

(6) Within 60 days of the date of the notice of availability, the DoD Component or federal agency 

expressing interest in buildings or property must submit an application for transfer of such property to 

the Military Department or federal agency.

(i) Within 90 days of the notice of availability, the FAA should survey the air traffic control and air 

navigation equipment at the installation to determine what is needed to support the air traffic 

control, surveillance, and communications functions supported by the Military Department, and to 

identify the facilities needed to support the National Airspace System. FAA requests for property 

to manage the National Airspace System will not be governed by paragraph (a)(9) of this section. 

Instead, such requests will be governed by the requirements of 41 CFR 101-47.308-2, to determine 

the transfer of property necessary for control of the airspace being relinquished by the Military 

Department. 

(7) The Military Department will keep the LRA informed of the progress in identifying interests. At the 

same time, the LRA is encouraged to contact federal agencies which sponsor public benefit transfers for 

information and technical assistance. The Military Department will provide points of contact at the 

federal agencies to the LRA.

(8) Federal agencies and DoD Components are encouraged to discuss their plans and needs with the LRA, if 

an LRA exists. DoD Components and federal agencies are encouraged to notify the Military 

Department of the results of this non-binding consultation. The Military Departments, the Base 

Transition Coordinator, and the Office of Economic Adjustment Project Manager are available to help 

facilitate communication between the federal agencies, DoD Components, and the LRA.

(9) A request for property from a DoD Component or federal agency must contain the following 

information:

(i) A completed GSA Form 1334, Request for Transfer (for requests from other DoD Components a 

DD Form 1354 is required). This must be signed by the head of the Component of the Department 

or Agency requesting the property. If the authority to acquire property has been delegated, a copy 

of the delegation must accompany the form;

(ii) A statement from the head of the requesting Component or agency that the request does not 

establish a new program (i.e., one that has never been reflected in a previous budget submission or 

Congressional action);

(iii) A statement that the requesting Component or agency has reviewed its real property holdings and 

cannot satisfy this requirement with existing property. This review must include all property under 

the requester’s accountability, including permits to other federal agencies and outleases to other 

organizations;
DoD Base Reuse Implementation Manual

December 1997 C-9

(iv) A statement that the requested property would provide greater long-term economic benefits than 

acquisition of a new facility or other property for the program;

(v) A statement that the program for which the property is requested has long-term viability;

(vi) A statement that considerations of design, layout, geographic location, age, state of repair, and 

expected maintenance costs of the requested property clearly demonstrate that the transfer will 

prove more economical over a sustained period of time than acquiring a new facility;

(vii) A statement that the size of the property requested is consistent with the actual requirement;

(viii)A statement that fair market value reimbursement to the Military Department will be made within 

two years of the initial request for the property, unless this obligation is waived by the Office of 

Management and Budget and the Secretary of the Military Department or a public law specifically 

provides for a non-reimbursable transfer. However, requests from the Military Departments or 

DoD Components do not need an Office of Management and Budget waiver; and,

(ix) A statement that the requesting DoD Component or federal agency agrees to accept the care and 

custody costs for the property on the date the property is available for transfer, as determined by the 

Military Department.

(10) The Military Department will make its decision on a request from a federal agency, Military 

Department, or DoD Component based upon the following factors, from the Federal Property 

Management Regulations (41 CFR 101-47.201-2):

(i) The paramount consideration shall be the validity and appropriateness of the requirement upon 

which the proposal is based;

(ii) The proposed federal use is consistent with the highest and best use of the property;

(iii) The requested transfer will not have an adverse impact on the transfer of any remaining portion of 

the base;

(iv) The proposed transfer will not establish a new program or substantially increase the level of an 

agency’s existing programs;

(v) The application offers fair market value for the property, unless waived;

(vi) The proposed transfer addresses applicable environmental responsibilities to the satisfaction of the 

Military Department; and,

(vii) The proposed transfer is in the best interest of the Government.

(11) When there are more than one acceptable applications for the same building or property, the Military 

Department responsible for the installation should first consider the needs of the military to carry out its 

mission. The Military Department should then consider the proposal’s economic development and job 

creation potential and the LRA’s comments, as well as the other factors in the determination of highest 

and best use.

(12) Closing or realigning installations may contain “public domain lands” which have been withdrawn by 

the Secretary of the Interior from operation of the public land laws and reserved for the Defense 

Department’s use. Lands deemed suitable for return to the public domain are not real property governed 

by the Federal Property and Administrative Services Act of 1949, as amended, (40 U.S.C. 472), and are 

not governed by the property management and disposal provisions of the Base Closure and Realignment 

Act of 1988 (Pub. L. 100-526) and Defense Base Closure and Realignment Act of 1990 (Pub. L. 101-

510). Public domain lands are under the jurisdiction of the Secretary of the Interior and administered by 

the Bureau of Land Management (BLM) unless the Secretary of the Interior has withdrawn the lands 

and reserved them for another federal agency’s use.
32 CFR Part 175: Revitalizing Base Closure Communities—Base Closure Community Assistance

C-10 December 1997

(i) The Military Department responsible for a closing or realigning installation will provide the BLM 

with the notice of potential availability, as well as information about which, if any, public domain 

lands will be affected by the installation’s closing.

(ii) The BLM will review the notice of potential availability to determine if any installations contain 

withdrawn public domain lands. Before the date of approval of the closure or realignment, the 

BLM will review its land records to identify any withdrawn public domain lands at the closing 

installations. Any records discrepancies between the BLM and Military Departments should be 

resolved within this time period. The BLM will notify the Military Departments as to the final 

agreed upon withdrawn and reserved public domain lands at installations.

(iii) Upon agreement as to what withdrawn and reserved public domain lands are affected at closing 

installations, the BLM will initiate a screening of DOI agencies to determine if these lands are 

suitable for programs of the Secretary of the Interior.

(iv) Military Departments will transmit a Notice of Intent to Relinquish (See 43 CFR 2372) to the BLM 

as soon as it is known that there is no DoD Component interest in reusing the public domain lands. 

 The BLM will complete the suitability determination screening process within 30 days of receipt 

of the Military Department’s Notice of Intent to Relinquish. If a DoD Component is approved to 

reuse the public domain lands, the BLM will be notified and BLM will determine if the current 

authority for military use of these lands needs to be modified/amended.

(v) If BLM determines the land is suitable for return, they shall notify the Military Department that the 

intent of the Secretary of the Interior is to accept the relinquishment of the Military Department.

(vi) If BLM determines the land is not suitable, the lands should be disposed of pursuant to base closure 

law.

(13) The Military Department should make its surplus determination within 100 days of the issuance of the 

notice of availability, and shall inform the LRA of the determination. If requested by the LRA, the 

Military Department may postpone the surplus determination for a period of no more than six months 

after the date of approval of the closure or realignment.

(i) In unusual circumstances, extensions beyond six months can be granted by the Deputy Under 

Secretary of Defense (Industrial Affairs and Installations).

(ii) Extensions of the surplus determination should be limited to the portions of the installation where 

there is an outstanding interest, and every effort should be made to make decisions on as much of 

the installation as possible, within the specified timeframes.

(14) Once the surplus determination has been made, the Military Department shall:

(i) Follow the procedures outlined in paragraph (b) of this section, if applicable.

(ii) Or, for installations approved for closure or realignment after October 25, 1994, and installations 

approved for closure or realignment prior to October 25, 1994, that have elected, prior to December 

24, 1994, to come under the process outlined in the Base Closure Community Redevelopment and 

Homeless Assistance Act of 1994, follow the procedures outlined in paragraph (c) of this section.

(15) Following the surplus determination, but prior to the disposal of property, the Military Department may, 

at its discretion, withdraw the surplus determination and evaluate a federal agency’s late request for 

excess property.

(i) Transfers under this paragraph shall be limited to special cases, as determined by the Secretary of 

the Military Department.

(ii) Requests shall be made to the Military Department, as specified under paragraphs (a)(8) and (a)(9) 

of this section, and the Military Department shall notify the LRA of such late request.
DoD Base Reuse Implementation Manual

December 1997 C-11

(iii) Comments received from the LRA and the time and effort invested by the LRA in the planning 

process should be considered when the Military Department is reviewing a late request.

(b) Homeless screening for properties not covered by the Base Closure Community Redevelopment and 

Homeless Assistance Act of 1994.

(1) This section outlines the procedure created for the identification of real property to fulfill the needs of 

the homeless by Sec. 2905(b)(6) of Pub. L. 101-510, as amended by Pub. L. 103-160 (referred to as the 

Pryor Amendment). It applies to BRAC 88, 91, and 93 bases if the LRA did not elect to be subject to 

the alternate homeless assistance screening procedure contained in the Base Closure Community 

Redevelopment and Homeless Assistance Act of 1994.

(2) The Military Department shall sponsor a workshop or seminar in the communities which have closing 

or realigning bases, unless such a workshop or seminar has already been held. These workshops or 

seminars will be conducted prior to the Federal Register publication by HUD of available property to 

assist the homeless.

(i) Not later than the date upon which the determination of surplus is made, the Military Department 

shall complete any determinations or surveys necessary to determine whether any building is 

available to assist the homeless. The Military Department shall then submit the list of properties 

available to assist the homeless to HUD.

(ii) HUD shall make a determination of the suitability of each property to assist the homeless in 

accordance with the Stewart B. McKinney Homeless Assistance Act, 42 U.S.C. 11411, (the 

McKinney Act). Within 60 days from the date of receipt of the information from the Department 

of Defense, HUD shall publish a list of suitable properties that shall become available when the 

base closes or realigns.

(iii) The listing of properties in the Federal Register under this procedure shall contain the following 

statement. (The listing of 1988 base closure properties that will be reported to HUD shall refer to 

Sec. 204(b)(6) of Pub. L. 100-526 instead of Sec. 2905(b)(6) of Pub. L. 101-510):

The properties contained in this listing are closing and realigning military installations. This 

report is being accomplished pursuant to Sec. 2905(b)(6) of Pub. L. 101-510, as amended by 

Pub. L. 103-160. In accordance with Sec. 2905(b)(6), this property is subject to a one-time 

publication under the McKinney Act after which property not provided to homeless assistance 

providers will not be published again unless there is no expression of interest submitted by the 

local redevelopment authority in the one-year period following the end of the McKinney 

screening process pursuant to this publication.

(3) Providers of assistance to the homeless shall then have 60 days in which to submit expressions of 

interest to HHS in any of the listed properties. If a provider indicates an interest in a listed property, it 

shall have an additional 90 days after submission of its written expression of interest to submit a formal 

application to HHS, a period which HHS can extend. HHS shall then have 25 days after receipt of a 

completed application to review and complete all actions on such applications.

(4) During this screening process (from 60 to 175 days following the Federal Register publication, as 

appropriate), disposal agencies shall take no final disposal action or allow reuse of property that HUD 

has determined suitable and that may become available for homeless assistance unless and until:

(i) No timely expressions of interest from providers are received by HHS;

(ii) No timely applications from providers expressing interest are received by HHS; or,

(iii) HHS rejects all applications received for a specific property.

(5) The Military Department should promptly inform the affected LRA, the Governor of the State, local 

governments, and agencies which support public benefit conveyances of the date the surplus property 

will be available for community reuse if:
32 CFR Part 175: Revitalizing Base Closure Communities—Base Closure Community Assistance

C-12 December 1997

(i) No provider expresses an interest to HHS in a property with the allotted 60 days;

(ii) There are expressions of interest by homeless assistance providers, but no application is received by 

HHS from such a provider within the subsequent 90-day application period (or within the longer 

application period if HHS has granted an extension); or

(iii) HHS rejects all applications for a specific property at any time during the 25 day HHS review 

period.

(6) The LRA shall have 1 year from the date of notification under paragraph (b)(5) to submit a written 

expression of interest to incorporate the remainder of the property into a redevelopment plan.

(7) During the allotted 1-year period for the LRA to submit a written expression of interest for the property, 

surplus properties not already approved for homeless reuse shall not be available for homeless 

assistance. The surplus properties will also not be advertised by HUD as suitable during these 1-year 

periods. The surplus property may be available for interim leases consistent with paragraph (g) of this 

section.

(8) If the LRA does not express in writing its interest in a specific property during the allotted 1-year period 

or it notifies the Military Department it is not interested in the property, the disposal agency shall again 

notify HUD of the date of availability of the property for homeless assistance. HUD may then list the 

property in the Federal Register as suitable and available after the base closes following the procedures 

of the McKinney Act.

(c) Reserved. Additional regulations will be promulgated in a publication of the Departments of Defense and 

Housing and Urban Development to address state and local screening and approval of redevelopment plans 

for installations covered by the Base Closure Community Redevelopment and Homeless Assistance Act of 

1994 (Pub. L. 103-421).

(d) Local Redevelopment Authority and the Redevelopment Plan.

(1) The LRA should have broad-based membership, including, but not limited to, representatives from those 

jurisdictions with zoning authority over the property. Generally, there will be one recognized LRA per 

installation.

(2) The LRA should focus primarily on developing a comprehensive redevelopment plan based upon local 

needs. The plan should recommend land uses based upon an exploration of feasible reuse alternatives. 

If applicable, the plan should consider notices of interest received under the provisions of the Base 

Closure Community Redevelopment and Homeless Assistance Act of 1994 (Pub. L. 103-421). This 

section shall not be construed to require a plan that is enforceable under state and local land use laws, 

nor is it intended to create any exemption from such laws.

(3) The Military Department will develop a disposal plan and complete the appropriate environmental 

documentation no later than 12 months from receipt of the redevelopment plan. The local 

redevelopment plan will generally be used as the basis for the proposed action in conducting 

environmental analyses required by under the National Environmental Policy Act of 1969 (NEPA), (42 

U.S.C. 4332 et.seq.). The disposal plan will specifically address the methods for disposal of property at 

the installation, including conveyances for homeless assistance, public benefit transfers, public sales, 

Economic Development Conveyances and other disposal methods.

(i) In the event there is no LRA recognized by DoD and/or if a redevelopment plan is not received 

from the LRA within 15 months from the determination of surplus under paragraph (a)(13) of this 

section, (unless an extension of time has been granted by the Deputy Under Secretary of Defense 

(Industrial Affairs and Installations)), the applicable Military Department shall proceed with the 

disposal of property under applicable property disposal and environmental laws and regulations. 

(e) Economic development conveyances.
DoD Base Reuse Implementation Manual

December 1997 C-13

(1) Section 2903 of Pub. L. 103-160 gives the Secretary of Defense the authority to transfer property to local 

redevelopment authorities for consideration in cash or in kind, with or without initial payment, or with 

only partial payment at time of transfer, at or below the estimated present fair market value of the 

property. This authority creates an additional tool for local communities to help spur economic 

opportunity through a new real property conveyance method specifically designed for economic 

development, referred to as the “Economic Development Conveyance” (EDC).

(2) The EDC can only be used when other surplus federal property disposal authorities for the intended land 

use cannot be used to accomplish the necessary economic redevelopment.

(3) An LRA is the only entity able to receive property under an EDC. 

(4) A properly completed application will be the basis for a decision on whether an LRA will be eligible for 

an EDC. An application should be submitted by the LRA after a Redevelopment Plan is adopted by the 

LRA. The Secretary of the Military Departments shall establish a reasonable time period for submission 

of the EDC application after consultation with the LRA. The Military Departments will review the 

applications and make a decision whether to make an EDC based on the criteria specified in paragraph 

(e)(7) of this section. The terms and conditions of the EDC will be negotiated between the Military 

Departments and the LRA. Bases in rural areas shall be conveyed with no consideration if they meet the 

standards in paragraph (f)(5) of this section. 

(5) The application should explain why an EDC is necessary for economic redevelopment and job creation. 

The application should also contain the following elements:

(i) A copy of the adopted redevelopment plan.

(ii) A project narrative including the following:

(A) A general description of property requested.

(B) A description of the intended uses.

(C) A description of the economic impact of closure or realignment on the local communities.

(D) A description of the financial condition of the community and the prospects for 

redevelopment of the property. 

(E) A statement of how the EDC is consistent with the overall Redevelopment Plan.

(iii) A description of how the EDC will contribute to short- and long-term job creation and economic 

redevelopment of the base and community, including projected number, and type of new jobs it will 

assist in creating. 

(iv) A business/operational plan for the EDC parcel, including such elements as:

(A) A development timetable, phasing schedule and cash flow analysis.

(B) A market and financial feasibility analysis describing the economic viability of the project, 

including an estimate of net proceeds over a fifteen-year period, the proposed consideration or 

payment to the Department of Defense, and the estimated present fair market value of the 

property. 

(C) A cost estimate and justification for infrastructure and other investments needed for the 

development of the EDC parcel.

(D) Local investment and proposed financing strategies for the development.

(v) A statement describing why other authorities — such as public or negotiated sale and public 

benefit transfers for education, parks, public health, aviation, historic monuments, prisons, and 

wildlife conservation — cannot be used to accomplish the economic development and job creation 

goals. 
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C-14 December 1997

(vi) If a transfer is requested for less than the estimated present fair market value (“FMV”), with or 

without initial payment at the time of transfer, then a statement should be provided justifying the 

discount. The statement should include the amount and form of the proposed consideration, a 

payment schedule, the general terms and conditions for the conveyance, and projected date of 

conveyance. 

(vii) A statement of the LRA’s legal authority to acquire and dispose of the property.

In addition to the elements previously mentioned, after Military Department review of the application, 

additional information may be requested to allow for a better evaluation of the application. 

(6) Upon receipt of an application for an EDC, the Secretary of the Military Department will determine 

whether an EDC is needed to spur economic development and job creation and examine whether the 

terms and conditions proposed are fair and reasonable. The Military Department may also consider 

information independent of the application, such as views of other federal agencies, appraisals, caretaker 

costs and other relevant material. The Military Department may propose and negotiate any alternative 

terms or conditions that it considers necessary. 

(7) The following factors will be considered, as appropriate, in evaluating the application and the terms and 

conditions of the proposed transfer, including price, time of payment and other relevant methods of 

compensation to the federal government.

(i) Adverse economic impact of closure or realignment on the region and potential for economic 

recovery after an EDC.

(ii) Extent of short- and long-term job generation.

(iii) Consistency with overall Redevelopment Plan.

(iv) Financial feasibility of the development, including market analysis and need and extent of 

proposed infrastructure and other investments.

(v) Extent of state and local investment, level of risk incurred, and the LRA’s ability to implement the 

plan.

(vi) Current local and regional real estate market conditions.

(vii) Incorporation of other federal agency interests and concerns, and applicability of, and conflicts 

with, other federal surplus property disposal authorities.

(viii)Relationship to the overall Military Department disposal plan for the installation.

(ix) Economic benefit to the federal government, including protection and maintenance cost savings 

and anticipated consideration from the transfer. 

(x) Compliance with applicable federal, state, and local laws and regulations.

(8) Before making an EDC, the Military Department must prepare an estimate of the present fair market 

value of the property, which may be expressed as a range of values. The Military Department shall 

consult with the LRA on valuation assumptions, guidelines and on instructions given to the person(s) 

making the estimation of value. The Military Department is fully responsible for completion of the 

valuation. The Military Department, in preparing the estimate of present fair market value shall 

include, to the extent practicable, the uses identified in the local redevelopment plan.

(f) Consideration for economic development conveyances.

(1) For conveyances made pursuant to section 175.7 (e), Economic development conveyances, the Secretary 

of the Military Department will review the application for an EDC and negotiate the terms and 

conditions of each transaction with the LRA. The Military Departments will have the discretion and 

flexibility to enter into agreements that specify the form, amount, and payment schedule. The 
DoD Base Reuse Implementation Manual

December 1997 C-15

consideration may be at or below the estimated present fair market value, with or without initial 

payment, in cash or in-kind and paid over time. 

(2) An EDC must be one of the two following types of agreements:

(i) Consideration within the estimated range of present fair market value, as determined by the 

Secretary of the Military Department.

(ii) Consideration below the estimated range of present fair market value, when proper justification is 

provided and when the Secretary of the Military Department determines that a discount is 

necessary for economic redevelopment and job creation. 

(3) If the consideration under an EDC is within the range of value listed in paragraph (f)(2)(i) of this 

section, the amount paid in the future should take into account the time value of money and include 

repayment of interest. Any transaction that waives or delays interest payments will be considered as a 

transaction below the present fair market value under paragraph (f)(2)(ii) of this section, and as such 

must be justified as necessary for economic development and job creation.

(4) Additional provisions may be incorporated in the conveyance documents to protect the Department’s 

interest in obtaining the agreed upon compensation, including such items as pre-determined release 

prices, or other appropriate clauses designed to ensure payment and protect against fraudulent 

transactions.

(5) In a rural area, as defined by this rule, any EDC approved by the Secretary of the Military Department 

shall be made without consideration if the base closure will have a substantial adverse impact on the 

economy of the communities in the vicinity of the installation and on the prospect for their economic 

recovery.

(6) In those instances in which an EDC is made for consideration below the range of the estimated present 

fair market value of the property — or if the estimated present fair market value is expressed as a range 

of values, below the lowest value in that range — the Military Department shall prepare a written 

explanation of why the estimated present fair market value was not obtained. Additionally, the Military 

Departments must prepare a written statement explaining why other federal property transfer authorities 

could not be used to generate economic redevelopment and job creation. 

(g) Leasing of real property.

(1) Leasing of real property prior to the final disposition of closing and realigning bases may facilitate state 

and local economic adjustment efforts and encourage economic redevelopment.

(2) In addition to leasing property at fair market value, to assist local redevelopment efforts the Secretaries 

of the Military Departments may also lease real and personal property located at a military installation 

to be closed or realigned under a base closure law, pending final disposition, for less than fair market 

value if the Secretary concerned determines that:

(i) A public interest will be served as a result of the lease; and

(ii) The fair market value of the lease is unobtainable, or not compatible with such public benefit.

(3) Pending final disposition of an installation, the Military Departments may grant interim leases which 

are short-term leases that make no commitment for future use or ultimate disposal. When granting an 

interim lease, the Military Department will generally lease to the LRA but can lease property directly to 

other entities. If the interim lease is entered into prior to completion of the final disposal decisions 

under the National Environmental Policy Act (NEPA) process, the term may be for up to five years, 

including options to renew, and may contain restrictions on use. Leasing should not delay the final 

disposal of the property. After completion of the final disposal decisions, the term of the lease may be 

longer than five years.
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C-16 December 1997

(4) If the property is leased for less than fair market value to the LRA and the interim lease permits the 

property to be subleased, the interim lease shall provide that rents from the subleases will be applied by 

the lessee to the protection, maintenance, repair, improvement and costs related to the property at the 

installation consistent with 10 U.S.C. 2667.

(h) Personal property. 

(1) This section outlines procedures to allow transfer of personal property to the LRA for the effective 

implementation of a community reuse plan.

(2) Each Military Department and DoD Component, as appropriate, will take an inventory of the personal 

property, including its condition, within 6 months after the date of approval of closure or realignment. 

This inventory will be limited to the personal property located on the real property to be disposed of by 

the Military Department or DoD Component. The inventory will be taken in consultation with LRA 

officials. If there is no LRA, the Military Department will offer to provide a consultation for the local 

government in whose jurisdiction the installation is wholly located or for a local government agency or a 

state government agency designated for that purpose by the chief executive officer of the state. Based on 

these consultations, the base commander will determine the items or category of items that have the 

potential to enhance the reuse of the real property.

(3) Except for property subject to the exemptions in paragraph (h)(5) of this section, personal property with 

potential to enhance the reuse of the real estate shall remain at a base being closed or realigned until 

disposition is otherwise determined by the Military Department. This determination will be made no 

earlier than 90 days after the Military Department receives an adopted redevelopment plan or when 

notified by the LRA that there will be no redevelopment plan.

(4) National Guard property demonstrably identified as being purchased with state funds is not available for 

reuse planning or subject to transfer for redevelopment purposes, unless so identified by the state 

property officer. National Guard property purchased with federal funds is subject to inventory and may 

be made available for redevelopment planning purposes.

(5) Personal property may be removed upon approval of the base commander or higher authority, within 

and as prescribed by the Military Department, after the inventory required in paragraph (h)(2) of this 

section has been sent to the redevelopment authority, when: 

(i) The property, other than ordinary fixtures, is required for the operation of a transferring unit, 

function, component, weapon, or weapons system;

(ii) The property is required for the operation of a unit, function, component, weapon, or weapon 

system at another installation within the Military Department, subject to the following conditions: 

(A) Ordinary fixtures, including but not limited to such items as blackboards, sprinklers, lighting 

fixtures, and electrical and plumbing systems, shall not be removed under paragraph (h)(5)(ii) 

of this section; and,

(B) Other personal property may be removed under paragraph (h)(5)(ii) of this section only after 

the Military Department has consulted with the LRA and, with respect to disputed items, 

upon the approval of an Assistant Secretary of the Military Department.

(iii) The property is uniquely military in character and is likely to have no civilian use (other than use 

for its material content or as a source of commonly used components). This property consists of 

classified items; nuclear, biological, chemical items; weapons and munitions; museum property or 

items of significant historic value that are maintained or displayed on loan; and similar military 

items; 

(iv) The property is not required for the reutilization or redevelopment of the installation (as jointly 

determined by the Military Department concerned and the redevelopment authority); 
DoD Base Reuse Implementation Manual

December 1997 C-17

(v) The property is stored at the installation for distribution (including spare parts or stock items). 

This property includes materials or parts used in a manufacturing or repair function but does not 

include maintenance spares for equipment to be left in place;

(vi) The property meets known requirements of an authorized program of another federal department 

or agency that would have to purchase similar items, and the property is the subject of a written 

request received from the head of the other Department or Agency. If the authority to acquire 

personal property has been delegated, a copy of the delegation must accompany the request. In this 

context, ”purchase“ means the federal department or agency intends to obligate funds in the 

current quarter or next six fiscal quarters. The federal department or agency must pay packing, 

crating, handling, and transportation charges associated with such transfers of personal property; 

(vii) The property belongs to nonappropriated fund instrumentalities (NAFI) and other non-Defense 

Department activities. Such property may be removed at the Military Departments’ discretion 

because it does not belong to the Defense Department and, therefore, it may not be transferred to 

the redevelopment authority under this section. For NAFI property, separate arrangements for 

communities to purchase such property are possible and may be negotiated with the Military 

Department concerned; and,

(viii)The property is needed elsewhere in the national security interest of the United States as 

determined by the Secretary of the Military Department concerned. This authority may not be 

redelegated below the level of an Assistant Secretary. In exercising this authority, the Secretary 

may transfer the property to any entity of the Department of Defense or other federal agency.

(6) In addition to the exemptions in paragraph (h)(5) of this section, the Military Department or DoD 

Component is authorized to substitute an item similar to one requested by the redevelopment authority. 

(7) Personal property not subject to the exemptions in paragraph (h)(5) of this section may be conveyed to 

the redevelopment authority as part of an economic development conveyance for the real property if the 

Military Department makes a finding that the personal property is necessary for the effective 

implementation of the redevelopment plan.

(8) Personal property may also be conveyed separately to the LRA under an economic development 

conveyance for personal property. This type of economic development conveyance can be made if the 

Military Department determines that the transfer is necessary for the effective implementation of a 

redevelopment plan with respect to the installation. Such determination shall be based on the LRA’s 

timely application for the property, which should be submitted to the Military Department upon 

completion of the redevelopment plan. The application must include the LRA’s agreement to accept the 

personal property after a reasonable period. The transfer will be subject to reasonable limitations and 

conditions on use.

(i) The Military Department will restrict the LRA’s ability to acquire personal property at less than 

fair market value solely for the purpose of releasing or reselling it, unless the LRA will lease or sell 

the personal property to entities which will place it into productive use in accordance with the 

redevelopment plan. The LRA must retain personal property conveyed under an EDC for less than 

fair market value for at least one year if it is valued at less than $5,000, or at least two years if 

valued at more than $5,000. Any proceeds from such leases or sales must be used to pay for 

protection, maintenance, repair or redevelopment of the installation. The LRA will be required to 

certify its compliance with the provisions of this section at the end of each fiscal year for no more 

than two years after transfer. The certification may be subject to random audits by the 

Government. 

(9) Personal property that is not needed by the Military Department or a federal agency or conveyed to a 

redevelopment authority (or a state or local jurisdiction in lieu of a local redevelopment authority) will 
32 CFR Part 175: Revitalizing Base Closure Communities—Base Closure Community Assistance

C-18 December 1997

be transferred to the Defense Reutilization and Marketing Office for processing in accordance with 41 

CFR 101-43 through 101-45, “Federal Property Management Regulations,” and DoD 4160.21-M.4

(10) Useful personal property determined to be surplus to the needs of the federal government by the Defense 

Reutilization and Marketing Office and not qualifying for transfer to the redevelopment authority under 

an economic conveyance may be donated to the community or redevelopment authority through the 

appropriate State Agency for Surplus Property (SASP). Personal property donated under this procedure 

must meet the usage and control requirements of the applicable SASP. Property subsequently not 

needed by the community or redevelopment authority shall be disposed of as required by its SASP.

(i) Maintenance, utilities, and services. 

(1) Facilities and equipment located on bases being closed are often important to the eventual reuse of the 

base. This section provides maintenance procedures to preserve and protect those facilities and items of 

equipment needed for reuse in an economical manner that facilitates base redevelopment.

(2) In order to ensure quick reuse, the Military Department, in consultation with the LRA, will establish 

initial levels of maintenance and repair needed to aid redevelopment and to protect the property for the 

time periods set forth below. Where agreement between the Military Department and the LRA cannot 

be reached, the Secretary of the Military Department will determine the required levels of maintenance 

and repair and its duration. In no case will these initial levels of maintenance: 

(i) Exceed the standard of maintenance and repair in effect on the date of closure or realignment 

approval;

(ii) Be less than maintenance and repair required to be consistent with federal government standards 

for excess and surplus properties (i.e., 41 CFR 101-47.402 and 41 CFR 101-47.4913); or,

(iii) Require any property improvements, including construction, alteration, or demolition, except when 

the demolition is required for health, safety, or environmental purposes, or is economically justified 

in lieu of continued maintenance expenditures.

(3) The initial levels of maintenance and repair shall be tailored to the redevelopment plan, and shall 

include the following provisions:

(i) The facilities and equipment that are likely to be utilized in the near term will be maintained at 

levels that shall prevent undue deterioration and allow transfer to the LRA.

(ii) The scheduled closure or realignment date of the installation will not be delayed. 

(4) The Military Department will not reduce the agreed upon initial maintenance and repair levels unless it 

establishes a new arrangement (e.g., termination of caretaking upon leasing of property) in consultation 

with the LRA.

(5) The Military Department will determine the length of time it will maintain the initial levels of 

maintenance and repair for each closing or realigning base. This determination will be based on factors 

such as the closure/realignment date and the timing of the completion of the National Environmental 

Policy Act (NEPA) documentation on the proposed disposal (such as a finding of no significant impact 

and disposal decision following an environmental assessment or the record of decision following an 

environmental impact statement). 

(i) For a base that has not closed prior to the publication of this rule, and where the Military 

Department has completed the NEPA analysis on the proposed disposal before the operational 

closure of that base, the time period for the initial levels of maintenance and repair normally will 

extend no longer than one year after operational closure of the base.

 

4

 Copies may be obtained from the Defense Logistics Agency, Attn: DLA-XPD, Alexandria, VA 22304-6100
DoD Base Reuse Implementation Manual

December 1997 C-19

(ii) For a base that has not closed prior to the publication of this rule, and where the base’s operational 

closure precedes the completion of the NEPA analysis on the proposed disposal, the time period for 

the initial levels of maintenance and repair will normally extend no longer than one year after 

operational closure or 180 days after the Secretary of the Military Department approves the NEPA 

analysis. 

(iii) For a base that closed prior to the publication of this rule, the time period for the existing levels of 

maintenance will normally extend no longer than one year from the date of the publication of this 

rule.

(6) The Military Department may extend the time period for the initial levels of maintenance and repair for 

property still under its control for an additional period, if the Secretary of the Military Department 

determines that the Local Redevelopment Authority is actively implementing its redevelopment plan, 

and such levels of maintenance are justified. 

(7) Once the time period for the initial or extended levels of maintenance and repair elapses, the Military 

Department will reduce the levels of maintenance and repair to levels consistent with federal 

government standards for excess and surplus properties (i.e., 41 CFR 101-47.402 and 41 CFR 

101-47.4913).

(j) Note: This space has been reserved for regulations implementing Section 2908 of the National Defense 

Authorization Act for FY 1994 regarding the transfer of real property or facilities to persons paying the cost 

of environmental restoration activities on the property. A Proposed Rule was published on April 6, 1994 (59 

FR 16157) but a Final Rule has not been promulgated.

(k) Leaseback of property at base closure and realignment sites. 

(1) Section 2905(b)(4)(c) of Pub. L. 101-510, 10 U.S.C. 2687 note (BRAC 1990), as added by section 2837 

of Pub. L. 104-106, gives the Secretary of Defense the authority to transfer property that is still needed 

by a Federal Department or Agency to an LRA provided the LRA agrees to lease the property back to 

the Federal Department or Agency in accordance with all statutory and regulatory guidance. The 

purpose of this authority, hereinafter referred to as a “leaseback,” is to enable the LRA to obtain 

ownership of the property pursuant to the BRAC process while still ensuring that the Federal need for 

use of the property is accommodated.

(2) Subject to BRAC 1990 and this part, the decision whether to transfer property pursuant to a leaseback 

rests with the relevant military department. However, a military department may only transfer property 

via a leaseback if the Federal entity that needs the property agrees to the leaseback arrangement.

(3) If for any reason property cannot be transferred pursuant to a leaseback (e.g., the relevant Federal 

Agency prefers ownership, the LRA and the Federal entity cannot agree on terms of the lease, or the 

military department determines that a leaseback would not be in the Federal interest), such property 

shall remain in Federal ownership unless and until the relevant landholding entity determines that it is 

surplus pursuant to the Federal Property Management Regulations.

(4) If a building or structure is proposed for transfer under this authority, that which is leased back to the 

Federal Department or Agency may be all or a portion of that building or structure.

(5) The leaseback authority may be used at all installations approved for closure or realignment under 

BRAC 1990.

(6) Transfers under this authority must be to an LRA.

(7) Transfers under this authority may be by lease in furtherance of conveyance or deed. A lease in 

furtherance of conveyance is appropriate only in those circumstances where deed transfer cannot be 

accomplished because the requirements of the Comprehensive Environmental Response, Compensation, 

and Liability Act (CERCLA) (42 U.S.C. 9601, et seq.) for such transfer have not been met. The lease in 
32 CFR Part 175: Revitalizing Base Closure Communities—Base Closure Community Assistance

C-20 December 1997

furtherance of conveyance or accompanying contract shall include a provision stating that the LRA 

agrees to take title to the property when requirements for the transfer have been satisfied.

(8) The leaseback authority can be used to transfer property that is needed either by existing Federal 

tenants or by Federal Departments or Agencies desiring to locate onto the property after operational 

closure. The Military Department that is closing or realigning the installation may not transfer 

property to an LRA under this authority and lease it back unless:

(i) The Military Department is acting in an Executive Agent capacity on behalf of a Defense Agency 

that certifies that a leaseback is in the interest of that Defense Agency; or,

(ii) The Secretary of the Military Department certifies that a leaseback is in the best interest of the 

Military Department and that use of the property by the Military Department is consistent with the 

obligation to close or realign the installation in accordance with the recommendations of the 

Defense Base Closure and Realignment Commission. 

(9) Property eligible for a leaseback is not surplus because it is still needed by a Federal entity. However, 

notwithstanding that the property is not surplus and that the LRA would not otherwise have to include 

such property in its redevelopment plan, the LRA should include the proposed leaseback of property in 

its redevelopment plan, taking into account the planned Federal use of such property.

(10) The terms of the LRA’s lease to the Federal entity should afford the Federal Department or Agency 

rights as close to those associated with ownership of the property as is practicable. The requirements of 

the General Services Acquisition Regulation (GSAR) (48 CFR Part 570) are not applicable to the lease, 

but provisions in the GSAR may be used to the extent they are consistent with this Part. The terms of 

the lease are negotiable subject to the following:

(i) The lease shall be for a term of no more than 50 years, but may provide for options for renewal or 

extension of the term at the request of the Federal Department or Agency concerned. The lease 

term should be based on the needs of the Federal entity.

(ii) The lease, or any renewals or extensions thereof, shall not require rental payments.

(iii) The lease shall not require the Federal Government to pay the LRA or other local government 

entity for municipal services including fire and police protection. 

(iv) The Federal Department or Agency concerned may be responsible for services such as janitorial, 

grounds keeping, utilities, capital maintenance, and other services normally provided by a 

landlord. Acquisition of such services by the Federal Department or Agency is to be 

accomplished through the use of Federal Acquisition Regulation procedures or otherwise in 

accordance with applicable statutory and regulatory requirements.

(v) The lease shall include a provision prohibiting the LRA from transferring ownership rights to 

another entity during the term of the lease, other than one of the political jurisdictions that 

comprise the LRA, without the written consent of the Federal Department or Agency occupying the 

leaseback property.

(vi) The lease shall include a provision specifying that if the Federal Department or Agency concerned 

no longer needs the property before the expiration of the term of the lease, the remainder of the 

lease term may be satisfied by the same or another Federal Department or Agency using the 

leased property for a use similar to the use under the lease.

(A) The General Services Administration shall assist with identifying other Federal interest in 

leasing the property.

(B) Prior to exercising such provision, the Federal Department or Agency shall consult with the 

LRA concerned, or the elected body with jurisdiction over the property if the LRA no longer 

exists.
DoD Base Reuse Implementation Manual

December 1997 C-21

(vii) The terms of the lease shall provide that the Federal Department or Agency may repair, improve, 

and maintain the property at its expense without the approval of the LRA.

(11) Conveyance to an LRA under this authority shall be in one of the following ways: 

(i) Lease back property that is to be conveyed under an Economic Development Conveyance (EDC) 

shall be conveyed as part of the EDC in accordance with the existing EDC procedures and § 

175.7(k)(11)(ii)(B)(4). The LRA shall submit the following in addition to the application 

requirements outlined in § 175.7(e)(5):

(A) A description of the parcel or parcels the LRA proposes to have transferred to it and then to 

lease back to a Federal Department or Agency;

(B) A written statement signed by an authorized representative of the Federal entity that it agrees 

to accept a leaseback of the property; and, 

(C) A statement explaining why a leaseback is necessary for the long-term economic 

redevelopment of the installation property.

(ii) Leaseback property not associated with property to be conveyed under an EDC shall be conveyed 

in accordance with the following procedures:

(A) As soon as possible after the LRA’s submission of its redevelopment plan to the DoD and 

HUD, the LRA shall submit a request for a leaseback to the Military Department. The 

Military Department may impose additional requirements as necessary, but at a minimum, 

the request shall contain the following:

(1) A description of the parcel or parcels the LRA proposes to have transferred to it and 

then to lease back to a Federal Department or Agency;

(2) A written statement signed by an authorized representative of the Federal entity that 

it agrees to accept a leaseback of the property; and, 

(3) A statement explaining why a leaseback is necessary for the long-term economic 

redevelopment of the installation property.

(B) The transfer may be for consideration at or below the estimated present fair market value. In 

those instances in which the property is conveyed for consideration below the estimated 

present fair market value, the Military Department shall prepare a written explanation of 

why the estimated present fair market value was not obtained.

(1) In a rural area, the transfer shall comply with §175.7(f)(5).

(2) Payment may be in cash or in-kind.

(3) The Military Department shall determine the estimated present fair market value of 

the property before transfer under this authority.

(4) The exact amount of consideration, or the formula to be used to determine that 

consideration, as well as the schedule for payment of consideration must be agreed 

upon in writing before transfer under this authority.
32 CFR Part 175: Revitalizing Base Closure Communities—Base Closure Community Assistance

C-22 December 1997

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December 1997 C-23

32 CFR Part 176:

Revitalizing Base Closure Communities 

and Community Assistance---Community 

Redevelopment and Homeless 

Assistance

PART 176 -- REVITALIZING BASE CLOSURE COMMUNITIES AND COMMUNITY ASSISTANCE --

COMMUNITY REDEVELOPMENT AND HOMELESS ASSISTANCE

Sec.

176.1 Purpose.

176.5 Definitions.

176.10 Applicability.

176.15 Waivers and extensions of deadlines.

176.20 Overview of the process.

176.25 HUD’s negotiations and consultations with the LRA.

176.30 LRA application.

176.35 HUD’s review of the application.

176.40 Adverse determinations.

176.45 Disposal of buildings and property.

Authority: 10 U.S.C. 2687 note.

Section 176.1 Purpose.

This part implements the Base Closure Community Redevelopment and Homeless Assistance Act, as 

amended (10 U.S.C. 2687 note), which instituted a new community-based process for addressing the needs of the 

homeless at base closure and realignment sites. In this process, Local Redevelopment Authorities (LRAs) identify 

interest from homeless providers in installation property and develop a redevelopment plan for the installation that 

balances the economic redevelopment and other development needs of the communities in the vicinity of the 

installation with the needs of the homeless in those communities. The Department of Housing and Urban 

Development (HUD) reviews the LRA’s plan to see that an appropriate balance is achieved. This part also 

implements the process for identifying interest from State and local entities for property under a public benefit 
32 CFR Part 176: Revitalizing Base Closure Communities and Community Assistance—

Community Redevelopment and Homeless Assistance

C-24 December 1997

transfer. The LRA is responsible for concurrently identifying interest from homeless providers and State and local 

entities interested in property under a public benefit transfer.

Section 176.5 Definitions.

(a) CERCLA. Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 et 

seq).

(b) Communities in the vicinity of the installation. The communities that constitute the political jurisdictions 

(other than the State in which the installation is located) that comprise the LRA for the installation. If no 

LRA is formed at the local level, and the State is serving in that capacity, the communities in the vicinity of 

the installation are deemed to be those political jurisdiction(s) (other than the State) in which the installation 

is located.

(c) Continuum of care system. 

(1) A comprehensive homeless assistance system that includes:

(i) A system of outreach and assessment for determining the needs and condition of an individual or 

family who is homeless, or whether assistance is necessary to prevent an individual or family from 

becoming homeless;

(ii) Emergency shelters with appropriate supportive services to help ensure that homeless individuals 

and families receive adequate emergency shelter and referral to necessary service providers or 

housing finders;

(iii) Transitional housing with appropriate supportive services to help those homeless individuals and 

families who are not prepared to make the transition to independent living;

(iv) Housing with or without supportive services that has no established limitation on the amount of

time of residence to help meet long-term needs of homeless individuals and families; and,

(v) Any other activity that clearly meets an identified need of the homeless and fills a gap in the 

continuum of care.

(2) Supportive services are services that enable homeless persons and families to move through the 

continuum of care toward independent living. These services include, but are not limited to, case 

management, housing counseling, job training and placement, primary health care, mental health 

services, substance abuse treatment, child care, transportation, emergency food and clothing, family 

violence services, education services, moving services, assistance in obtaining entitlements, and referral 

to veterans services and legal services.

(d) Consolidated Plan. The plan prepared in accordance with the requirements of 24 CFR part 91.

(e) Day. One calendar day including weekends and holidays.

(f) DoD. Department of Defense.

(g) HHS. Department of Health and Human Services.

(h) Homeless person.

(1) An individual or family who lacks a fixed, regular, and adequate nighttime residence; and,

(2) An individual or family who has a primary nighttime residence that is:

(i) A supervised publicly or privately operated shelter designed to provide temporary living 

accommodations (including welfare hotels, congregate shelters and transitional housing for the 

mentally ill);
DoD Base Reuse Implementation Manual

December 1997 C-25

(ii) An institution that provides a temporary residence for individuals intended to be institutionalized; 

or,

(iii) A public or private place not designed for, or ordinarily used as, a regular sleeping accommodation 

for human beings.

(3) This term does not include any individual imprisoned or otherwise detained under an Act of the 

Congress or a State law.

(i) HUD. Department of Housing and Urban Development.

(j) Installation. A base, camp, post, station, yard, center, homeport facility for any ship or other activity under 

the jurisdiction of DoD, including any leased facility, that is approved for closure or realignment under the 

Base Closure and Realignment Act of 1988 (Pub. L. 100-526), as amended, or the Defense Base Closure and 

Realignment Act of 1990 (Pub. L. 101-510), as amended (both at 10 U.S.C. §2687, note).

(k) Local redevelopment authority (LRA). Any authority or instrumentality established by State or local 

government and recognized by the Secretary of Defense, through the Office of Economic Adjustment, as the 

entity responsible for developing the redevelopment plan with respect to the installation or for directing 

implementation of the plan.

(l) NEPA. National Environmental Policy Act of 1969 (42 U.S.C. 4320).

(m) OEA. Office of Economic Adjustment, Department of Defense.

(n) Private nonprofit organization. An organization, no part of the net earnings of which inures to the benefit of 

any member, founder, contributor, or individual; that has a voluntary board; that has an accounting system or 

has designated an entity that will maintain a functioning accounting system for the organization in 

accordance with generally accepted accounting procedures; and that practices nondiscrimination in the 

provision of assistance.

(o) Public benefit transfer. The transfer of surplus military property for a specified public purpose at up to a 100 

percent discount in accordance with 40 U.S.C. 471 et. seq. or 49 U.S.C. 47151-47153.

(p) Redevelopment plan. A plan that is agreed to by the LRA with respect to the installation and provides for the 

reuse or redevelopment of the real property and personal property of the installation that is available for such 

reuse and redevelopment as a result of the closure of the installation.

(q) Representative(s) of the homeless. A State or local government agency or private nonprofit organization, 

including a homeless assistance planning board, that provides or proposes to provide services to the homeless.

(r) Substantially equivalent. Property that is functionally suitable to substitute for property referred to in an 

approved Title V application. For example, if the representative of the homeless had an approved Title V 

application for a building that would accommodate 100 homeless persons in an emergency shelter, the 

replacement facility would also have to accommodate 100 at a comparable cost for renovation.

(s) Substantially equivalent funding. Sufficient funding to acquire a substantially equivalent facility.

(t) Surplus property. Any excess property not required for the needs and the discharge of the responsibilities of 

all Federal Agencies. Authority to make this determination, after screening with all Federal Agencies, rests 

with the Military Departments.

(u) Title V. Title V of the Stewart B. McKinney Homeless Assistance Act of 1987 (42 U.S.C 11411) as amended 

by the National Defense Authorization Act for Fiscal Year 1994 (Pub. L. 103-160).

(v) Urban county. A county within a metropolitan area as defined at 24 CFR part 570.3.
December 1997 C-26

Section 176.10 Applicability.

(a) General. This part applies to all installations that are approved for closure/realignment by the President and 

Congress under Pub. L. 101-510 after October 25, 1994.

(b) Request for inclusion under this process. This part also applies to installations that were approved for 

closure/realignment under either Pub. L. 100-526 or Pub. L. 101-510 prior to October 25, 1994 and for which 

an LRA submitted a request for inclusion under this part to DoD by December 24, 1994. A list of such 

requests was published in the Federal Register on May 30, 1995 (60 FR 28089).

(1) For installations with Title V applications pending but not approved before October 25, 1994, the LRA 

shall consider and specifically address any application for use of buildings and property to assist the 

homeless that were received by HHS prior to October 25, 1994, and were pending with the Secretary of 

HHS on that date. These pending requests shall be addressed in the LRA's homeless assistance 

submission.

(2) For installations with Title V applications approved before October 25, 1994, where there is an approved 

Title V application, but property has not been assigned or otherwise disposed of by the Military 

Department, the LRA must ensure that its homeless assistance submission provides the Title V applicant 

with:

(i) The property requested;

(ii) Properties, on or off the installation, that are substantially equivalent to those requested;

(iii) Sufficient funding to acquire such substantially equivalent properties;

(iv) Services and activities that meet the needs identified in the application; or,

(v) A combination of the properties, funding, and services and activities described in §176.10(b)(2)(i)-

(iv) of this part.

(c) Revised Title V process. All other installations approved for closure or realignment under either Pub. L. 100-

526 or Pub. L. 101-510 prior to October 25, 1994, for which there was no request for consideration under this 

part, are covered by the process stipulated under Title V. Buildings or property that were transferred or 

leased for homeless use under Title V prior to October 25, 1994, may not be reconsidered under this part.

Section 176.15 Waivers and extensions of deadlines.

(a) After consultation with the LRA and HUD, and upon a finding that it is in the interest of the communities 

affected by the closure/realignment of the installation, DoD, through the Director of the Office of Economic 

Adjustment, may extend or postpone any deadline contained in this part.

(b) Upon completion of a determination and finding of good cause, and except for deadlines and actions required 

on the part of DoD, HUD may waive any provision of §§176.20 through 176.45 of this part in any particular 

case, subject only to statutory limitations.

Section 176.20 Overview of the process.

(a) Recognition of the LRA. As soon as practicable after the list of installations recommended for closure or 

realignment is approved, DoD, through OEA, will recognize an LRA for the installation. Upon recognition, 

OEA shall publish the name, address, and point of contact for the LRA in the Federal Register and in a 

newspaper of general circulation in the communities in the vicinity of the installation. 

(b) Responsibilities of the Military Department. The Military Department shall make installation properties 

available to other DoD components and Federal agencies in accordance with the procedures set out at 32 CFR 
DoD Base Reuse Implementation Manual

December 1997 C-27

part 175. The Military Department will keep the LRA informed of other Federal interest in the property 

during this process. Upon completion of this process the Military Department will notify HUD and either the 

LRA, or the Chief Executive Officer of the State, as appropriate, and publish a list of surplus property on the 

installation that will be available for reuse in the Federal Register and a newspaper of general circulation in 

the communities in the vicinity of the installation.

(c) Responsibilities of the LRA. The LRA should begin to conduct outreach efforts with respect to the 

installation as soon as is practicable after the date of approval of closure/realignment of the installation. The 

local reuse planning process must begin no later than the date of the Military Department’s Federal Register

publication of available property described at §176.20(b). For those installations that began the process 

described in this part prior to August 17, 1995, HUD will, on a case by case basis, determine whether the 

statutory requirements have been fulfilled and whether any additional requirements listed in this part should 

be required. Upon the Federal Register publication described in §176.20(b), the LRA shall:

(1) Publish, within 30 days, in a newspaper of general circulation in the communities in the vicinity of the 

installation, the time period during which the LRA will receive notices of interest from State and local 

governments, representatives of the homeless, and other interested parties. This publication shall 

include the name, address, telephone number and the point of contact for the LRA who can provide 

information on the prescribed form and contents of the notices of interest. The LRA shall notify DoD of 

the deadline specified for receipt of notices of interest. LRAs are strongly encouraged to make this 

publication as soon as possible within the permissible 30 day period in order to expedite the closure 

process.

(i) In addition, the LRA has the option to conduct an informal solicitation of notices of interest from 

public and non-profit entities interested in obtaining property via a public benefit transfer other 

than a homeless assistance conveyance under either 40 U.S.C. 471 et. seq. or 49 U.S.C. 47151-

47153. As part of such a solicitation, the LRA may wish to request that interested entities submit a 

description of the proposed use to the LRA and the sponsoring Federal agency.

(ii) For all installations selected for closure or realignment prior to 1995 that elected to proceed under 

Pub. L. 103-421, the LRA shall accept notices of interest for not less than 30 days.

(iii) For installations selected for closure or realignment in 1995 or thereafter, notices of interest shall 

be accepted for a minimum of 90 days and not more than 180 days after the LRA’s publication 

under §176.20(c)(1). 

(2) Prescribe the form and contents of notices of interest.

(i) The LRA may not release to the public any information regarding the capacity of the representative 

of the homeless to carry out its program, a description of the organization, or its financial plan for 

implementing the program, without the consent of the representative of the homeless concerned, 

unless such release is authorized under Federal law and under the law of the State and 

communities in which the installation concerned is located. The identity of the representative of 

the homeless may be disclosed.

(ii) The notices of interest from representatives of the homeless must include:

(A) A description of the homeless assistance program proposed, including the purposes to which 

the property or facility will be put, which may include uses such as supportive services, job 

and skills training, employment programs, shelters, transitional housing or housing with no 

established limitation on the amount of time of residence, food and clothing banks, treatment 

facilities, or any other activity which clearly meets an identified need of the homeless and fills 

a gap in the continuum of care;

(B) A description of the need for the program;
32 CFR Part 176: Revitalizing Base Closure Communities and Community Assistance—

Community Redevelopment and Homeless Assistance

C-28 December 1997

(C) A description of the extent to which the program is or will be coordinated with other 

homeless assistance programs in the communities in the vicinity of the installation;

(D) Information about the physical requirements necessary to carry out the program including a 

description of the buildings and property at the installation that are necessary to carry out the 

program;

(E) A description of the financial plan, the organization, and the organizational capacity of the 

representative of the homeless to carry out the program; and,

(F) An assessment of the time required to start carrying out the program.

(iii) The notices of interest from entities other than representatives of the homeless should specify the 

name of the entity and specific interest in property or facilities along with a description of the 

planned use.

(3) In addition to the notice required under §176.20(c)(1), undertake outreach efforts to representatives of 

the homeless by contacting local government officials and other persons or entities that may be 

interested in assisting the homeless within the vicinity of the installation.

(i) The LRA may invite persons and organizations identified on the HUD list of representatives of the 

homeless and any other representatives of the homeless with which the LRA is familiar, operating 

in the vicinity of the installation, to the workshop described in §176.20(c)(3)(ii).

(ii) The LRA, in coordination with the Military Department and HUD, shall conduct at least one 

workshop where representatives of the homeless have an opportunity to: 

(A) Learn about the closure/realignment and disposal process; 

(B) Tour the buildings and properties available either on or off the installation; 

(C) Learn about the LRA's process and schedule for receiving notices of interest as guided by 

§176.20(c)(2); and,

(D) Learn about any known land use constraints affecting the available property and buildings.

(iii) The LRA should meet with representatives of the homeless that express interest in discussing 

possible uses for these properties to alleviate gaps in the continuum of care.

(4) Consider various properties in response to the notices of interest. The LRA may consider property that 

is located off the installation. 

(5) Develop an application, including the redevelopment plan and homeless assistance submission, 

explaining how the LRA proposes to address the needs of the homeless. This application shall consider 

the notices of interest received from State and local governments, representatives of the homeless, and 

other interested parties. This shall include, but not be limited to, entities eligible for public benefit 

transfers under either 40 U.S.C. 471 et. seq., or 49 U.S.C. 47151-47153; representatives of the 

homeless; commercial, industrial, and residential development interests; and other interests. From the 

deadline date for receipt of notices of interest described at §176.20(c)(1), the LRA shall have 270 days to 

complete and submit the LRA application to the appropriate Military Department and HUD. The 

application requirements are described at §176.30.

(6) Make the draft application available to the public for review and comment periodically during the 

process of developing the application. The LRA must conduct at least one public hearing on the 

application prior to its submission to HUD and the appropriate Military Department. A summary of the 

public comments received during the process of developing the application shall be included in the 

application when it is submitted.

(d) Public benefit transfer screening.
DoD Base Reuse Implementation Manual

December 1997 C-29

 The LRA should, while conducting its outreach efforts, work with the Federal agencies that sponsor 

public benefit transfers under either 40 U.S.C. 471 et. seq. or 49 U.S.C. 47151-47153. Those agencies can 

provide a list of parties in the vicinity of the installation that might be interested in and eligible for public 

benefit transfers. The LRA should make a reasonable effort to inform such parties of the availability of the 

property and incorporate their interests within the planning process. Actual recipients of property are to be 

determined by the sponsoring Federal agency. The Military Departments shall notify sponsoring Federal 

agencies about property that is available based on the community redevelopment plan and keep the LRA 

apprised of any expressions of interest. Such expressions of interest are not required to be incorporated into 

the redevelopment plan, but must be considered.

Section 176.25 HUD's negotiations and consultations with the LRA.

HUD may negotiate and consult with the LRA before and during the course of preparation of the LRA’s 

application and during HUD's review thereof with a view toward avoiding any preliminary determination that the 

application does not meet any requirement of this part. LRAs are encouraged to contact HUD for a list of persons 

and organizations that are representatives of the homeless operating in the vicinity of the installation.

Section 176.30 LRA application.

(a) Redevelopment plan. A copy of the redevelopment plan shall be part of the application. 

(b) Homeless assistance submission. This component of the application shall include the following:

(1) Information about homelessness in the communities in the vicinity of the installation.

(i) A list of all the political jurisdictions which comprise the LRA. 

(ii) A description of the unmet need in the continuum of care system within each political jurisdiction, 

which should include information about any gaps that exist in the continuum of care for particular 

homeless subpopulations. The source for this information shall depend upon the size and nature of 

the political jurisdictions(s) that comprise the LRA. LRAs representing:

(A) Political jurisdictions that are required to submit a Consolidated Plan shall include a copy of 

their Homeless and Special Needs Population Table (Table 1), Priority Homeless Needs 

Assessment Table (Table 2), and narrative description thereof from that Consolidated Plan, 

including the inventory of facilities and services that assist the homeless in the jurisdiction.

(B) Political jurisdictions that are part of an urban county that is required to submit a 

Consolidated Plan shall include a copy of their Homeless and Special Needs Population Table 

(Table 1), Priority Homeless Needs Assessment Table (Table 2), and narrative description 

thereof from that Consolidated Plan, including the inventory of facilities and services that 

assist the homeless in the jurisdiction. In addition, the LRA shall explain what portion of the 

homeless population and subpopulations described in the Consolidated Plan are attributable to 

the political jurisdiction it represents.

(C) A political jurisdiction not described by §176.30(b)(1)(ii)(A) or §176.30(b)(1)(ii)(B) shall 

submit a narrative description of what it perceives to be the homeless population within the 

jurisdiction and a brief inventory of the facilities and services that assist homeless persons and 

families within the jurisdiction. LRAs that represent these jurisdictions are not required to 

conduct surveys of the homeless population.

(2) Notices of interest proposing assistance to homeless persons and/or families. 

(i) A description of the proposed activities to be carried out on or off the installation and a discussion 

of how these activities meet a portion or all of the needs of the homeless by addressing the gaps in 
32 CFR Part 176: Revitalizing Base Closure Communities and Community Assistance—

Community Redevelopment and Homeless Assistance

C-30 December 1997

the continuum of care. The activities need not be limited to expressions of interest in property, but 

may also include discussions of how economic redevelopment may benefit the homeless;

(ii) A copy of each notice of interest from representatives of the homeless for use of buildings and 

property and a description of the manner in which the LRA’s application addresses the need 

expressed in each notice of interest. If the LRA determines that a particular notice of interest 

should not be awarded property, an explanation of why the LRA determined not to support that 

notice of interest, the reasons for which may include the impact of the program contained in the 

notice of interest on the community as described in §176.30(b)(2)(iii); and,

(iii) A description of the impact that the implemented redevelopment plan will have on the community. 

This shall include information on how the LRA's redevelopment plan might impact the character 

of existing neighborhoods adjacent to the properties proposed to be used to assist the homeless and 

should discuss alternative plans. Impact on schools, social services, transportation, infrastructure, 

and concentration of minorities and/or low income persons shall also be discussed.

(3) Legally binding agreements for buildings, property, funding, and/or services.

(i) A copy of the legally binding agreements that the LRA proposes to enter into with the 

representative(s) of the homeless selected by the LRA to implement homeless programs that fill 

gaps in the existing continuum of care. The legally binding agreements shall provide for a process 

for negotiating alternative arrangements in the event that an environmental analysis conducted 

under §176.45(b) indicates that any property identified for transfer in the agreement is not suitable 

for the intended purpose. Where the balance determined in accordance with §176.30(b)(4) 

provides for the use of installation property as a homeless assistance facility, legally binding 

agreements must provide for the reversion or transfer, either to the LRA or to another entity or 

entities, of the buildings and property in the event they cease to be used for the homeless. In cases 

where the balance proposed by the LRA does not include the use of buildings or property on the 

installation, the legally binding agreements need not be tied to the use of specific real property and 

need not include a reverter clause. Legally binding agreements shall be accompanied by a legal 

opinion of the chief legal advisor of the LRA or political jurisdiction or jurisdictions which will be 

executing the legally binding agreements that the legally binding agreements, when executed, will 

constitute legal, valid, binding, and enforceable obligations on the parties thereto;

(ii) A description of how buildings, property, funding, and/or services either on or off the installation 

will be used to fill some of the gaps in the current continuum of care system and an explanation of 

the suitability of the buildings and property for that use; and,

(iii) Information on the availability of general services such as transportation, police, and fire 

protection, and a discussion of infrastructure such as water, sewer, and electricity in the vicinity of 

the proposed homeless activity at the installation.

(4) An assessment of the balance with economic and other development needs. 

(i) An assessment of the manner in which the application balances the expressed needs of the 

homeless and the needs of the communities comprising the LRA for economic redevelopment and 

other development; and,

(ii) An explanation of how the LRA’s application is consistent with the appropriate Consolidated 

Plan(s) or any other existing housing, social service, community, economic, or other development 

plans adopted by the jurisdictions in the vicinity of the installation.

(5) A description of the outreach undertaken by the LRA. The LRA shall explain how the outreach 

requirements described at §176.20(c)(1) and §176.20(c)(3) have been fulfilled. This explanation shall 

include a list of the representatives of the homeless the LRA contacted during the outreach process.
DoD Base Reuse Implementation Manual

December 1997 C-31

(c) Public comments. The LRA application shall include the materials described at §176.20(c)(6). These 

materials shall be prefaced with an overview of the citizen participation process observed in preparing the 

application.

Section 176.35 HUD's review of the application.

(a) Timing. HUD shall complete a review of each application no later than 60 days after its receipt of a 

completed application. 

(b) Standards of review. The purpose of the review is to determine whether the application is complete and, with 

respect to the expressed interest and requests of representatives of the homeless, whether the application:

(1) Need. Takes into consideration the size and nature of the homeless population in the communities in the 

vicinity of the installation, the availability of existing services in such communities to meet the needs of 

the homeless in such communities, and the suitability of the buildings and property covered by the 

application for use and needs of the homeless in such communities. HUD will take into consideration 

the size and nature of the installation in reviewing the needs of the homeless population in the 

communities in the vicinity of the installation.

(2) Impact of notices of interest. Takes into consideration any economic impact of the homeless assistance 

under the plan on the communities in the vicinity of the installation, including:

(i) Whether the plan is feasible in light of demands that would be placed on available social services, 

police and fire protection, and infrastructure in the community; and,

(ii) Whether the selected notices of interest are consistent with the Consolidated Plan(s) or any other 

existing housing, social service, community, economic, or other development plans adopted by the 

political jurisdictions in the vicinity of the installation.

(3) Legally binding agreements. Specifies the manner in which the buildings, property, funding, and/or 

services on or off the installation will be made available for homeless assistance purposes. HUD will 

review each legally binding agreement to verify that:

(i) They include all the documents legally required to complete the transactions necessary to realize 

the homeless use(s) described in the application; 

(ii) They include all appropriate terms and conditions;

(iii) They address the full range of contingencies including those described at §176.30(b)(3)(i); 

(iv) They stipulate that the buildings, property, funding, and/or services will be made available to the 

representatives of the homeless in a timely fashion; and,

(v) They are accompanied by a legal opinion of the chief legal advisor of the LRA or political 

jurisdiction or jurisdictions which will be executing the legally binding agreements that the legally 

binding agreements will, when executed, constitute legal, valid, binding, and enforceable 

obligations on the parties thereto.

(4) Balance. Balances in an appropriate manner a portion or all of the needs of the communities in the 

vicinity of the installation for economic redevelopment and other development with the needs of the 

homeless in such communities.

(5) Outreach. Was developed in consultation with representatives of the homeless and the homeless 

assistance planning boards, if any, in the communities in the vicinity of the installation and whether the 

outreach requirements described at §176.20(c)(1) and §176.20(c)(3) have been fulfilled by the LRA.

(c) Notice of determination.

(1) HUD shall, no later than the 60th day after its receipt of the application, unless such deadline is 

extended pursuant to §176.15(a), send written notification both to DoD and the LRA of its preliminary 
32 CFR Part 176: Revitalizing Base Closure Communities and Community Assistance—

Community Redevelopment and Homeless Assistance

C-32 December 1997

determination that the application meets or fails to meet the requirements of §176.35(b). If the 

application fails to meet the requirements, HUD will send the LRA:

(i) A summary of the deficiencies in the application;

(ii) An explanation of the determination; and,

(iii) A statement of how the LRA must address the determinations.

(2) In the event that no application is submitted and no extension is requested as of the deadline specified in 

§176.20(c)(5), and the State does not accept within 30 days a DoD written request to become recognized 

as the LRA, the absence of such application will trigger an adverse determination by HUD effective on 

the date of the lapsed deadline. Under these conditions, HUD will follow the process described at 

§176.40.

(d) Opportunity to cure.

(1) The LRA shall have 90 days from its receipt of the notice of preliminary determination under 

§176.35(c)(1) within which to submit to HUD and DoD a revised application which addresses the 

determinations listed in the notice. Failure to submit a revised application shall result in a final 

determination, effective 90 days from the LRA’s receipt of the preliminary determination, that the 

redevelopment plan fails to meet the requirements of §176.35(b).

(2) HUD shall, within 30 days of its receipt of the LRA's resubmission, send written notification of its final 

determination of whether the application meets the requirements of §176.35(b) to both DOD and the 

LRA.

Section 176.40 Adverse determinations.

(a) Review and consultation. If the resubmission fails to meet the requirements of §176.35(b) or if no 

resubmission is received, HUD will review the original application, including the notices of interest submitted 

by representatives of the homeless. In addition, in such instances or when no original application has been 

submitted, HUD:

(1) Shall consult with the representatives of the homeless, if any, for purposes of evaluating the continuing 

interest of such representatives in the use of buildings or property at the installation to assist the 

homeless; 

(2) May consult with the applicable Military Department regarding the suitability of the buildings and 

property at the installation for use to assist the homeless; and,

(3) May consult with representatives of the homeless and other parties as necessary.

(b) Notice of decision. 

(1) Within 90 days of receipt of an LRA’s revised application which HUD determines does not meet the 

requirements of §176.35(b), HUD shall, based upon its reviews and consultations under §176.40(a):

(i) Notify DoD and the LRA of the buildings and property at the installation that HUD determines are 

suitable for use to assist the homeless, and;

(ii) Notify DoD and the LRA of the extent to which the revised redevelopment plan meets the criteria 

set forth in §176.35(b).

(2) In the event that an LRA does not submit a revised redevelopment plan under §176.35(d), HUD shall, 

based upon its reviews and consultations under §176.40(a), notify DoD and the LRA of the buildings 

and property at the installation that HUD determines are suitable for use to assist the homeless, either

(i) within 190 days after HUD sends its notice of preliminary adverse determination under 

§176.35(c)(1), if an LRA has not submitted a revised redevelopment plan; or,
DoD Base Reuse Implementation Manual

December 1997 C-33

(ii) within 390 days after the Military Department’s Federal Register publication of available property 

under §176.20(b), if no redevelopment plan has been received and no extension has been approved.

Section 176.45 Disposal of buildings and property.

(a) Public benefit transfer screening. Not later than the LRA’s submission of its redevelopment plan to DoD and 

HUD, the Military Department will conduct an official public benefit transfer screening in accordance with 

the Federal Property Management Regulations (41 CFR part 101-47.303-2) based upon the uses identified in 

the redevelopment plan. Federal sponsoring agencies shall notify eligible applicants that any request for 

property must be consistent with the uses identified in the redevelopment plan. At the request of the LRA, 

the Military Department may conduct the official State and local public benefit screening at any time after the 

publication of available property described at §176.20(b).

(b) Environmental analysis. Prior to disposal of any real property, the Military Department shall, consistent with 

NEPA and section 2905 of the Defense Base Closure and Realignment Act of 1990, as amended (10 U.S.C. 

2687 note), complete an environmental impact analysis of all reasonable disposal alternatives. The Military 

Department shall consult with the LRA throughout the environmental impact analysis process to ensure both 

that the LRA is provided the most current environmental information available concerning the installation, 

and that the Military Department receives the most current information available concerning the LRA’s 

redevelopment plans for the installation.

(c) Disposal. Upon receipt of a notice of approval of an application from HUD under §176.35(c)(1) or 

§176.35(d)(2), DoD shall dispose of buildings and property in accordance with the record of decision or other 

decision document prepared under §176.45(b). Disposal of buildings and property to be used as homeless 

assistance facilities shall be to either the LRA or directly to the representative(s) of the homeless and shall be 

without consideration. Upon receipt of a notice from HUD under §176.40(b), DoD will dispose of the 

buildings and property at the installation in consultation with HUD and the LRA.

(d) LRA's responsibility. The LRA shall be responsible for the implementation of and compliance with legally 

binding agreements under the application.

(e) Reversions to the LRA. If a building or property reverts to the LRA under a legally binding agreement under 

the application, the LRA shall take appropriate actions to secure, to the maximum extent practicable, the 

utilization of the building or property by other homeless representatives to assist the homeless. An LRA may 

not be required to utilize the building or property to assist the homeless.
32 CFR Part 176: Revitalizing Base Closure Communities and Community Assistance—

Community Redevelopment and Homeless Assistance

C-34 December 1997
December 1997 D-1

Appendix D

Leasing Materials
Leasing Materials

D-2 December 1997

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December 1997 D-3

Model Lease Application Package

General Information for Lease Applicants

Once a decision has been made to close or realign an installation, property may be made available for 

interim use, if it can be done in compliance with environmental requirements and without adversely 

affecting the DoD Component mission, including conversion activities. An Interim Lease is a short-term 

lease that makes no commitment for future use or ultimate disposal and is usually entered into prior to 

final reuse and disposal decisions. The Applicant should provide the information requested in the 

Application Package as completely as possible. No specific form is required. Upon receipt of the 

application, the Military Department will perform an internal review of the proposed use. If the 

application did not contain sufficient information or if the review triggers a requirement for additional 

information, this information will be requested from the applicant as soon as possible. Site-specific 

environmental, natural, cultural, or operational reviews may require restrictions on the proposed use or 

consideration of alternative uses.

Reasons for Interim Leases

Interim leases are intended to be used in appropriate cases to permit public and private commercial 

activity to begin prior to completion of the final reuse and disposal environmental review under the 

National Environmental Policy Act (NEPA) of 1969, as amended (42 USC 4321 et seq.). In many cases 

this review requires an Environmental Impact Statement and issuance of a Record of Decision (ROD), 

which take considerable time to complete. The NEPA review will result in a final decision on disposal 

or reuse. Whether interim leasing is appropriate depends on a wide variety of site-specific conditions 

that include compatibility with ongoing military missions, disposal-related activities, environmental 

analysis and factors affecting the property requested, and the intended use of the property.

Lessee Under an Interim Lease

The Military Department usually leases property for interim use to the Local Redevelopment Authority 

(if so empowered to receive property) or, if there is none, to the local government in whose jurisdiction 

the property is wholly located or to another local government agency or a State government agency 

designated for redevelopment purposes by the chief executive officer in the State. Requests for leases 

directly to other eligible entities may be approved by the Military Department Representative in 

exceptional circumstances.

Exclusive Possession by Lease

Licenses, permits, or rights-of-entry will not be used as a substitute for a Lease, in circumstances where 

the proposed grantee is to be given exclusive possession of DoD property. However, non-exclusive use 

may be granted in accordance with standard Military Department procedures, for example, for 

conferring non-possessory access for single, specified purposes (e.g., conducting an open house or air 

show; doing non-intrusive surveys of the premises; or setting up potential Lessee equipment—but not 

commencing beneficial operations—pending finalization of a lease).

Internal Review

The application information and the proposed use will be reviewed by the Military Department. This 

review will, in some instances, trigger additional site-specific questions that will be provided to the 

Applicant.
Model Lease Application Package

D-4 December 1997

Lease-Specific Environmental Review

The National Environmental Policy Act (NEPA) must also be complied with for all leasing actions. 

Environmental impact analysis, using the Military Department’s environmental impact analysis process 

as implemented in current Military Department and Council on Environmental Quality regulations or 

directives, is required prior to making a decision to enter into an interim lease. Proposed interim uses, 

including any improvements to the leased property, may not foreclose later consideration of any 

reasonable disposal and reuse alternative by the Military Department. Absent compelling 

circumstances, the Military Department will not permit improvements that will significantly affect the 

quality of the human environment and therefore require preparation of a separate EIS. In addition, 

other site-specific environmental, cultural or historic reviews may require restrictions on use or special 

compliance requirements provisions in the lease. Secretarial findings regarding wetlands (E.O. 11990) 

and floodplains (E.O. 11988) will be made when required. All applicable natural and cultural resource 

protection requirements will be considered prior to making the decision to enter into an interim use 

lease and appropriate restrictions, to the extent required, will be included within the lease.

Environmental Baseline Survey and Finding of Suitability to Lease

CERCLA requires notice indicating if the property has been the site of a release, storage, or disposal of 

hazardous substances. The Environmental Baseline Survey (EBS) and Finding of Suitability to Lease 

(FOSL) will be performed prior to the interim lease. These documents will provide the applicable 

notices to the Lessee or its Sublessees at the inception of the lease. The EBS also documents the 

environmental condition of the premises at the start of the lease, including the status and plans for any 

required environmental remediation under the Installation Restoration Program (IRP). A close-out 

environmental condition survey and report will be the basis for restoration requirements at the 

termination of the interim lease. Environmental regulators will be notified and included in the process, 

including receiving copies of workable draft documents and participating in on-board reviews.

A. Applicant Information

1. General Information

Provide name, address, and telephone number of the Applicant and, if applicable, the name, address, 

and telephone number of a representative authorized to act on behalf of the Applicant during the course 

of the project.

2. Experience and Background

Provide copies of instruments establishing the Applicant as an entity with the legal capacity to enter into 

leases and other binding contractual obligations.

a. Governmental entities should provide enabling legislation or other charters.

b. Corporations should provide the name and address of an authorized representative and 

evidence of current corporate status.

c. Partnerships/Joint Ventures should provide the name and address of an authorized 

representative and evidence of current partnership/joint venture status.

d. A sole proprietor should provide current address and summary of business activity.

3. Financial Capability (Note: The Applicant may be requested by the Military Department to 

provide the following information. Private-sector financial data will be held in confidence, where 

necessary, upon request).

a. If the Applicant is a corporation or limited partnership it must provide a recent financial 

statement.

b. If the Applicant is an individual or partnership it must provide a recent personal financial 

statement.

c. A preliminary budget and estimated operating costs and sources of funds for the proposed 

activities on the leased property.
DoD Base Reuse Implementation Manual

December 1997 D-5

4. Signing of Application

The Application must be signed by an official authorized to act on behalf of the potential Lessee. If the 

Lessee is a corporate or governmental entity then the signature must show the official capacity of the 

signer.

5. Compatibility with Redevelopment Plan

a. If the Applicant is the LRA, it will provide a statement certifying that the proposed lease is 

compatible with its redevelopment plan.

b. If the Applicant is not the LRA, it must consult with the LRA and should provide a 

recommendation on the proposed lease from the LRA, including a statement of 

compatibility with the redevelopment plan.

B. Intended Use

1. Subleasing

State whether the Applicant intends to use the property or sublease the property to a third party, and if 

so, identify the prospective Sublessees, if known.

2. Begin Date

State when the Applicant wants the lease to begin.

3. Lease Term

State the requested duration of the lease.

4. Property Description

Identify the location of the property requested on a map of the facility and provide the following 

information:

a. The approximate acreage requested; and

b. Identification of any buildings or other improvements requested. 

5. Description of Activities

Provide a detailed description of the activities proposed to be undertaken under an interim lease. 

Include an explanation of whether this would be a new business or the relocation or expansion of an 

existing business. If this is a relocation or expansion of an existing business, provide the name and 

address of the existing business.

6. Environmental Information

a. If such activity will result in the generation of hazardous waste as defined by the Resource 

Conservation and Recovery Act, provide the following:

1. A description of the waste stream(s);

2. An estimate of the quantity generated per month; 

3. A description of the program to manage hazardous waste; and

4. Identification of the method(s) of treatment or disposal.

2. If such activity will require the Applicant to use hazardous substances, as defined by the 

Comprehensive Environmental Response, Compensation, and Liability Act, or petroleum 

products or their derivatives, provide the following:

1. A description of the hazardous substances or petroleum products to be used in such 

activity;

2. An estimate of the quantity of such substances to be stored on-site at any one time;
Model Lease Application Package

D-6 December 1997

3. A description of the program to manage hazardous substances and petroleum products 

or their derivatives; and

4. A description of the manner such substances will be stored, including whether 

Underground or Aboveground Storage Tanks (USTs/ASTs) will be used.

3. If such activity will result in the discharge of wastewater to an accumulation, collection or drainage 

system, provide the following:

a. A description of the anticipated constituents of such wastewater;

b. An estimate of the quantity of such wastewater generated per day;

c. A description of the controls that will be used to limit the quantity or constituency of such 

wastewater;

d. Identification of any applicable effluent limitations or standards applicable to the proposed 

activity; and 

e. Identification of the receiving wastewater treatment facility or receiving water of the United 

States.

4. If such activity will result in the emission of air pollutants, provide the following:

a. Identification of all air emissions, including hazardous air pollutants, resulting from such 

activities and identification of their sources;

b. An estimate of the quantity of emissions and hazardous air pollutants per year; and

c. Identification of any emission sources presently owned by the Military Department that the 

Lessee will need for its activities.

5. If such activity will result in the application of pesticides, as defined by the Federal Insecticide, 

Fungicide, and Rodenticide Act, provide the following:

a. Identification of all such pesticides that will be applied on the property;

b. An estimate of the quantity of pesticides to be applied to the property per year;

c. Identification of the applicator who will be applying such pesticides to the property.

6. If any of the property requested will be used for residential purposes or is of the type commonly 

used by children under the age of 7 years, identify the environmental consultant who will be 

responsible for identification and abatement of lead-based paint hazards, if any, on the property.

C. Operational Requirements

1. Identify the approximate amount of electricity required and the expected provider of such service;

2. Identify the type and approximate amount of fuels, e.g., natural gas, propane, heating oil, required 

and the expected provider(s) of such fuels;

3. Identify the amount of potable water required and the expected provider of such water;

4. Identify the approximate requirements for wastewater treatment and the expected provider of such 

service;

5. Identify any other requirements for utility services, e.g., telephone, cable TV, required and the 

expected provider of such service; and 

6. Describe any construction, improvements or other alterations to the property required to enable any 

of the services described in response to the preceding requests to be delivered or provided to the 

property.
DoD Base Reuse Implementation Manual

December 1997 D-7

7. Describe any construction, improvements or other alterations to the property proposed to carry out 

Lessee activities on the property.

D. Public Benefit Rental Discount

If Applicant is requesting less than fair market rental, please provide the following additional 

information:

1. A description of the economic impact of closure.

2. A description of the financial condition of the community and the prospects for redevelopment.

3. A description of how the interim lease will contribute to the short-term job creation and economic 

development of the base and the community, including projected number and type of jobs created.

4. A statement as to why the interim lease should be granted at below the estimated fair market value, 

and what discount is proposed.

5. A description of why fair market value is unobtainable or not compatible with the public benefit.
Model Lease Application Package

D-8 December 1997

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December 1997 D-9

Guide for Military Department Internal 

Review of Interim Lease Requests

[Some of these considerations may not apply at all installations.]

A. Project Processing

1. Project name: (Identify the property requested and the Applicant’s name);

2. Date expression of interest received: ;

3. Date initial Application package mailed/delivered to Applicant: ;

4. Date Application package received from Applicant: ;

5. Date follow-up Application package mailed/delivered to Applicant: ;

6. Date follow-up Application package received from Applicant: ;

7. Date Finding of Suitability to Lease (FOSL) and Environmental Baseline Survey (EBS) or 

Supplemental EBS initiated: ;

8. Date notification of initiation of FOSL and EBS or Supplemental EBS mailed to regulators: ;

9. Date workable draft of FOSL provided to regulators: ;

10. Date workable draft of EBS or Supplemental EBS mailed to regulators: ;

11. Date regulator comments to the FOSL/EBS received: ;

12. Date FOSL signed and notice provided to the public: .

B. Applicant Information

1. Interim lease requested by:

o Local Redevelopment Authority

o State or local government 

o Private party

o Other (Describe in detail)

2. Legal status and capacity documented by:

o Reference to State Law (provide citation);

o Certificate of Incorporation, Articles of Incorporation and By-laws;

o Partnership/Joint Venture Agreement;

o Other .
Guide for Military Department Internal Review of Lease Requests

D-10 December 1997

3. If Applicant is a corporation, did it provide:

a. Evidence of current corporate status; and

b. Name and address of an authorized representative?

o Yes.

o No.

4. If Applicant is a partnership/joint venture, did it provide:

a. Evidence of partnership/joint venture status; and

b. Name and address of an authorized representative?

o Yes.

o No.

5. If Applicant is a sole proprietor, did it provide:

a. A current address; and

b. Summary of business activity?

o Yes.

o No.

C. Lease Administration

1. Name, address and telephone number of the Applicant’s representative(s) responsible for managing 

the leasing effort:

2. Will the Lessee operate the property or sublease to a third party?

o Operate

o Sublease. If the Applicant will sublease, identify the prospective Sublessee:

3. Date the Applicant requested the lease to begin: 

4. Requested duration of the lease: 

o ___ years; or

o ___ months.

D. Property Information

1. Tract No.(s) and Name, if any: (Segment maps, Master Plan designations)

2. Acreage: 
DoD Base Reuse Implementation Manual

December 1997 D-11

3. General character of the land requested: 

4. Are Government buildings and improvements included in the property? 

o No.

o Yes. If yes, identify and describe all buildings, facilities and improvements, e.g., size and 

condition, and attach copy of floor plan, if applicable. 

5. Existing or preceding land use: 

6. Proposed use: (as described in the Application)

7. United States property interest: 

o Fee simple absolute

o Easement

o Leasehold

o Other 

8. Identify and describe in detail, e.g., owner, duration, property affected, termination provisions, etc., 

any encumbrances on the property:

o Easements

o Leaseholds

o Licenses

o Permits

o Others 

9. Jurisdiction: 

o Exclusive Federal Jurisdiction

o Concurrent Federal Jurisdiction

o Proprietary Status

10. Is jurisdiction to be retroceded? 

o Yes. 

o No. 

If there has already been a retrocession of Federal jurisdiction, indicate the date retrocession was 

final. If a retrocession action is pending, identify the status of that effort. 
Guide for Military Department Internal Review of Lease Requests

D-12 December 1997

E. Operational Factors

1. Is the property currently available for leasing?

o Yes.

o No. If no, will it be available in time to meet the Applicant’s needs?

o Yes.

o No.

2a. Does the Stewart B. McKinney Homeless Assistance Act apply to this action?

o No.

o Yes. If yes, has the necessary screening been completed and is the property available for 

leasing to the Applicant?

o No.

o Yes.

2b. Does the Base Closure Community Redevelopment and Homeless Assistance Act of 1994 apply to 

this action?

o No.

o Yes. If yes, has the property been designated for homeless use in the local redevelopment 

plan?

o No.

o Yes. If yes, has HUD approved the homeless assistance provisions of the plan?

o No.

o Yes.

3. Were utilities; e.g., electricity, natural gas/propane/heating oil, potable water, wastewater 

treatment, telephone, cable TV, etc., requested by the Applicant and, if so, are they available? 

o No.

o Yes. If yes, identify the type, quantity, and provider of such services.

4. Will the DoD Component be providing services on a reimbursable basis?

o No.

o Yes. If yes, identify the instrument used to establish the term under which such services 

will be provided.

5. Are there any security, access, parking or other operational issues?

o No.

o Yes, please state.
DoD Base Reuse Implementation Manual

December 1997 D-13

F. Environmental Factors

1. Has the activity proposed by the Applicant been analyzed for environmental impacts under the 

applicable environmental impact analysis process?

o No. If no, estimate the time to complete such analysis:

o Yes. If yes, what document was produced?

o Environmental Impact Statement (EIS)

(attach justification for allowing interim use and proceeding with action);

o Environmental Assessment/Finding of No Significant Impact (EA/FONSI); or 

o Categorical Exclusion (CATEX): (cite the authority for the CATEX)

2. Is further environmental study required?

o No.

o Yes.

3. Has the Base-wide Environmental Baseline Survey (EBS) or a site-specific EBS been completed?

o No. If no, estimate the time to complete such analysis: 

o Yes. The EBS identified the following environmental concerns:

4. Were hazardous substances stored, released or disposed of on the property in excess of the 

applicable amounts; i.e., 1,000 kgs or hazardous substance and 1 kg for acutely hazardous 

substances?

o No. 

o Yes. If yes, provide the information required by 40 CFR Part 373: 

5. Have remedial actions been taken so that the property is considered safe for the proposed use?

o Yes.

o No. If not, estimate the estimated time to complete such action _________________________ 

and if the proposed action could take place prior to such action, provide details and 

justification for leasing the property in its current condition, including any restrictions on 

access or use:
Guide for Military Department Internal Review of Lease Requests

D-14 December 1997

6. Are there any sites or areas of concerns subject to the Installation Restoration Program located on 

the property?

o No.

o Yes. Conditions may need to be included in the lease.

7. Was the property contaminated with ammunition, explosives or chemical weapons?

o No.

o Yes. If yes, has the property been decontaminated using the most appropriate technology 

consistent with the proposed use of the property? Will the action require approval by the 

Department of Defense Explosive Safety Board (DDESB)?

o Yes.

o No. However, transfer to another Federal Agency for compatible use of surface 

decontaminated real property would be appropriate, subject to limitations, 

restrictions and prohibitions to ensure personnel and environmental protection.

8. Will access rights to implement any monitoring plan be required?

o No.

o Yes.

9. Will the Applicant generate hazardous wastes, as defined the Resource Conservation and Recovery 

Act (RCRA), as a result of the proposed activity?

o No.

o Yes. If yes, identify all waste streams and quantities:

10. Does the Applicant possess a U.S. EPA hazardous waste generator identification number that would 

permit waste generation on the requested property?

o No. 

o Yes. The U.S. EPA Generator ID No. is: 

11. Does the proposed use include the storage or disposal of non-DoD hazardous or toxic materials? If 

so, determine whether Title 10, USC 2692 is applicable to this lease.

o No.

o Yes, explain.

o Covered by exception: o Industrial-type facility; o Other 

o Waiver granted.
DoD Base Reuse Implementation Manual

December 1997 D-15

12. Does the Applicant propose to use any existing Underground Storage Tank (UST) or Aboveground 

Storage Tank (AST) on the property?

o No. If no, does the Applicant intend to install its own USTs or ASTs?

o No.

o Yes.

o Yes. If yes, are existing tanks in compliance with current laws and regulations and 

appropriate for such use?

o No. 

o Yes.

13. Will the activity involve use of substances covered by the Toxic Substances Control Act?

o Yes.

o No.

14. Will the Lessee’s activities on the leased property result in a discharge of wastewater to an 

accumulation, collection or drainage system?

o No. 

o Yes. If yes, is the quantity greater than one million gallons per day?

o No. 

o Yes.

15. Can the existing wastewater collection and treatment system accommodate such discharges without 

adverse operational or environmental impacts?

o Yes.

o No. If not, are there other options? Describe.

16. Has the Applicant applied for or obtained a National Pollutant Discharge Elimination System 

(NPDES) Permit or State equivalent from the EPA/appropriate State agency?

o Yes.

o No. If not, state whether the Applicant must have an NPDES Permit or State equivalent to 

operate.

o Yes.

o No.

17. Would the Applicant’s operations result in a violation of a NPDES Permit or State equivalent held 

by the United States?

o Yes.

o No. 

18. Will approval of the Application result in the use of pesticides on the property? (See the Federal 

Insecticide, Fungicide, and Rodenticide Act and State pesticide regulations.)

o No. 

o Yes. Restrictions may need to be incorporated into the lease.
Guide for Military Department Internal Review of Lease Requests

D-16 December 1997

19. Will the proposal result in emissions of criteria air pollutants, their precursors or hazardous air 

pollutants?

o No. 

o Yes. If yes, does the Applicant intend to install new equipment and 

independently obtain any permits necessary to operate?

o Yes.

o No. If no, does the Applicant seek to use equipment currently operated under 

permits held by the Military Department?

o No. 

o Yes. If yes, describe the conditions that must be satisfied before the 

Applicant could operate such equipment: 

20. Do the proposed activities require a conformity determination under the Clean Air Act?

o This action does not require a written conformity determination in accordance with EPA’s 

rule because:

o The installation is in an attainment area.

o The action falls within an exemption in the rule. Attach documentation of the 

applicability of the exemption.

o This action is not exempt from the conformity regulation. Attach conformity determination. 

Describe the mitigation requirements or other restrictions, if any, that must be incorporated 

in the outgrant document.

21. Are there improvements with Asbestos-Containing Material (ACM)?

o No.

o Yes, attach condition and type.

22. Are there improvements constructed prior to 1978 that are considered to contain lead-based paint or 

that have been determined to contain lead-based paint? 

o No.

o Yes, Attach survey results.

Are these improvements the type that children under age seven frequently inhabit?

o No.

o Yes, notice and restriction required.

23. Is there radon or polychlorinated biphenyls (PCBs) present?

o No.

o Yes.
DoD Base Reuse Implementation Manual

December 1997 D-17

24. Do any Federal or State threatened or endangered species inhabit the requested property or does it 

include any critical or sensitive habitat as defined the Endangered Species Act?

o No.

o Yes. If yes, could the proposal jeopardize any such species or the habitat of any such 

species?

o No.

o Yes. This action jeopardizes threatened or endangered species or the habitat of such 

species. Accordingly, restrictions may need to be incorporated into the outgrant 

document to protect the species or habitat.

25. Will the activity jeopardize fish and wildlife species or habitat integral to Congressionally 

authorized mitigation or General Plans, or recommendations in Fish and Wildlife reports prepared 

under the provisions of the FWCA that a Military Department has agreed to?

o No.

o Yes. Conditions may need to be included in the lease.

26. Is the property in a Coastal Zone Management Area?

o No.

o Yes. If yes, has a determination been made that the proposed action is consistent with the 

approved State Coastal Zone Management Plan?

o No.

o Yes.

27. Is the requested property within a 100-year floodplain? (See E.O. 11988.)

o No.

o Yes. Conditions may need to be included in the lease.

28. Are there any jurisdictional wetlands located on the property?

o No.

o Yes. This property includes a wetlands area and falls under the purview of Executive Order 

11990; accordingly, conditions may need to be included in the lease.
Guide for Military Department Internal Review of Lease Requests

D-18 December 1997

29. Has the property been surveyed for historical and cultural resources?

o No. The survey will be completed by 

o Yes. If yes, were there historical or cultural resources identified on the property?

o No. 

o Yes. If yes, has consultation occurred under Section 106 of the National Historic 

Preservation Act?

o No.

o Yes. Conditions may need to be included in the lease. 

30. Have Native American graves or artifacts been identified on this property? (See the American 

Indian Religious Freedom Act and Native American Graves Protection and Repatriation Act.)

o No. 

o Yes. Restrictions may need to be incorporated into the lease to protect these resources.

31. Have archaeological sites or resources been identified on this property? (See the Antiquities Act; 

Archaeological and Historical Preservation Act; and Archaeological Resources Protection Act.)

o No. 

o Yes. Conditions may need to be included in the lease. 

32. Will the proposed lease impact an area designated under the Wild and Scenic Rivers Act?

o No. 

o Yes. Conditions may need to be included in the lease. 

33. Would any other special-purpose environmental laws be applicable to the proposed activity?

o No. 

o Yes. If yes, identify such laws and describe their effect on the proposed activities: 
December 1997 D-19

Model Lease Provisions

The Military Departments will execute interim leases that incorporate certain standard provisions 

tailored to the specific policies of the individual Departments. Each of the Military Departments have 

developed model lease documents. Copies can be obtained by contacting the applicable Military 

Department base closure office. See Appendix G for contact information. Site-specific environmental, 

cultural, historical, and operational requirements and restrictions will be added to the model interim 

lease provisions following review of the proposed use and further analysis of its impacts. It is the 

responsibility of the applicant to make sure that all lease provisions are understood and the condition of 

the premises proposed for lease are known prior to lease execution. Standard provisions include:

1. Use of the premises

The lease will state what purposes and uses are approved.

2. Term of lease

In the past, the term of an interim lease could only last for up to five years, including options to renew. 

Recently, Section 2833 of the NDAA 96 granted the Department the authority to enter into interim leases 

with terms that extend beyond the expected completion date for the disposal Environmental Impact 

Statement (EIS). This is true even if final property disposal is consequently delayed because the lessee’s 

use of the property differs from that outlined in the Record of Decision (ROD). This authority, however, 

is only available if the proposed lease can be supported by a CATEX or an EA/FONSI. A policy 

memorandum implementing this new authority can be found on page D-28. 

3. Termination

In addition to the right to terminate for non-compliance with the lease conditions, the Military 

Department reserves the right to terminate the lease and remove the tenant in the event of national 

emergency as declared by the President or the Congress of the United States. Unless special 

circumstances justify a shorter period, the Lessee will be provided with no less than 30 days’ notice that 

termination is necessary and will be provided a reasonable time to vacate the premises.

4. Consideration

a. Public Benefit Discounted Rental. If the Lessee meets certain public benefits criteria, to the 

extent authorized by law, the Military Department may approve consideration less than the 

fair market rental of the leasehold interest. If the consideration is less than fair market value, 

then Lessee receipts from third parties; e.g., Sublessee rental, must be used for protection, 

maintenance, repair, improvement, and costs related to the installation to include LRA 

marketing and management activities.

b. Fair Market Value Rental. If the Lessee does not qualify for a public benefit rental 

reduction, then the total consideration, in cash or in kind, will not be less than the estimated 

fair market rental of the leased interest. The fair market value of the leased interest should 

take into account the property, the restrictions on use and access to the property, the terms 

and degree of Government control in the lease document, the termination rights, and any 

other specifics of the type of use.

In some circumstances, the Military Departments may authorize the fair market rental consideration to 

be offset for maintenance, protection, repair, improvement, or restoration. Lessees may maintain, 
Model Lease Provisions

D-20 December 1997

protect, repair, improve and restore Government facilities on leased properties, exteriors as well as 

interiors, as well as the leased premises, as all or part of the rental. These obligations may extend to the 

entire installation. Offsets are applicable only to those activities that are in addition to the routine 

maintenance, protection and repair requirements of any Lessee. In any case, the value of the rental 

offset and/or any cash rent reserved to the Government must be equal to or exceed the fair market 

value of the leased interest granted. Environmental, cultural, and historical activities can be included in 

rental offsets, including restoration. Rent will not be offset for the value of structures unless title will be 

vested in the United States. Improvement should be viewed more broadly as improvement to the 

premises; e.g., upgrade of roads, landscaping, or capital improvements, beyond repair or maintenance. 

Environmental remediation must be accomplished in consonance with applicable environmental laws 

and regulations. 

5. Notice

The lease will set out how official notice will be given and state the address for written notices. Under 

any lease, the Lessor and Lessee will have occasion to provide the other with formal correspondence 

and notices.

6. Authorized representatives

The lease may provide for delegation of day-to-day lease administration functions to authorized 

individuals.

7. Supervision of the premises

The leased premises are under the supervision of a Government official, who is responsible for the use 

and occupation of the premises.

8. Applicable rules and regulations

The Lessee and any Sublessees are required to comply with all Federal, State and local laws, regulations 

and standards that are applicable when the lease is executed or may become applicable to the Lessee’s 

activities on the leased premises later. These include laws and regulations on the environment, 

construction of facilities, health, safety, food service, water supply, sanitation, use of pesticides, and 

licenses or permits to do business. The Lessee and any Sublessee are responsible for obtaining and 

paying for permits required for its operations under the Lease.

9. Condition of the premises

The lease states that the Lessee has inspected the premises, understands the condition, and understands 

that the United States is not providing any warranties or promises to make any alterations, repairs, or 

additions thereto. The Military Department and the Lessee will jointly conduct an inventory and 

condition survey, to include the environmental condition, prior to lease execution by either party. The 

inventory and condition surveys will be documented in a report prepared by the Military Department, 

signed by both parties, which will be attached to the lease. The report may note items identified in the 

EBS, as well as any other environmental conditions that may not be specifically identified in the EBS 

report. The report will acknowledge leasehold conditions. At the conclusion of the lease period, the 

Military Department and the Lessee will jointly conduct a close-out survey. The Military Department 

will prepare a close-out report. All significant variances from the original report should be clearly 

documented. This close-out report will constitute the basis for settlement by the Lessee for any leased 

property shown to be lost, damaged or destroyed.

10. Transfers, assignments, and subleasing

Provision 10a. should be used for leases that are not a master lease. Provision 10b. should be used for 

master leases.
DoD Base Reuse Implementation Manual

December 1997 D-21

a. The Lessee may not assign or transfer the lease to another party without the approval of the 

Military Department. Subleasing will be authorized subject to approval of the sublease by 

the Military Department. The Military Department will conduct its negotiations with the 

Lessee, not the Sublessee(s). Sublease rental will be negotiated between the Lessee and 

Sublessee and may be different in amount or expressed differently than that in the prime 

lease. The term of a sublease will be no longer than that in the prime lease, so that 

expectations of continued tenancy after disposal will not be created. The provisions of the 

sublease must not be inconsistent with the provisions of the prime lease and the sublease 

must state that it is subject to the prime lease. In case of any conflict between the 

instruments, the prime lease will control.

b. The Lessee may not assign or transfer the lease to another party without the approval of the 

Military Department. The Lessee is not required to obtain Military Department approval of 

subleases, unless the sublease involves the use of hazardous materials under 10 U.S.C. 2692,

but must provide a copy of all subleases to the Military Department. The Military 

Department will conduct its negotiations with the Lessee, not the Sublessee(s). Sublease 

rental will be negotiated between the Lessee and Sublessee and may be different in amount 

or expressed differently than that in the prime lease. The term of a sublease will be no longer 

than that in the prime lease, so that expectations of continued tenancy after disposal will not 

be created. The provisions of the sublease must not be inconsistent with the provisions of the 

prime lease and the sublease must state that it is subject to the prime lease. In case of any 

conflict between the instruments, the prime lease will control.

11. Utilities

The Military Department must be reimbursed for the cost of any utilities provided. Utility issues vary 

widely with the specific situations of the installation. The Lessee should develop plans for assumption 

of the utilities by the local utility provider or other qualified entity.

12. Protection of the property

The Lessee is obligated to keep the premises in good order and in a clean, safe condition by and at the 

expense of the Lessee. The Lessee is responsible for any damage that may be caused to property of the 

United States by the activities of the Lessee under this lease.

13. Insurance

If a lease authorizes the Lessee to possess and use Government-owned improvements, the Lessee must 

insure such improvements for full insurable value, where practicable, to assure future Government use. 

State governmental entities are usually not required to provide liability insurance. Self-insurance may 

be satisfactory for qualified governmental entities. Other entities may be required to obtain liability 

insurance.

14. Right to enter

The Government has the right to enter the premises for any Government purpose, including the right to 

inspect the premises for compliance with the conditions of the lease and for compliance with 

environmental, safety and other laws, even if the Government is not the enforcement agency. Except in 

unusual situations, notice of these entries will be given.

15. Indemnity/hold harmless clause

The United States is not responsible for damages to property or injuries to persons caused by the 

Lessee’s use of the premises or for damages to the property of the Lessee. The Lessee will be expected 

to indemnify the United States from such claims. This does not including damages due to the fault or 

negligence of the United States or its contractors.
Model Lease Provisions

D-22 December 1997

16. Restoration

At the end of the lease, the Lessee will be expected to vacate the premises, remove the Lessee’s property 

and restore the premises or pay the United States for the cost of restoration loss in lieu of restoration, at 

the option of the United States. Any property of the Lessee not removed may be removed by the United 

States or become property of the United States.

17. Non-discrimination

Leases require non-discrimination in all operations, programs or activities conducted on the leased 

premises. If the Lease will be for less than fair market value, then the Lessee is considered to be 

receiving Federal financial assistance and the lease will contain certain required assurances.

18. Subject to easements

The United States or its predecessor in title may have granted easements, road and utility rights-of-way, 

or other such rights. The Lease is granted subject to these outstanding rights. Any new easements will 

be coordinated with the Lessee.

19. Rental adjustment

If the United States must revoke the lease, except for the Lessee’s non-compliance, decrease the size of 

the leased premises, or materially affect the use available, then rental, if applicable, may be adjusted.

20. Waste

The Lessee must not commit waste of any kind or in any manner substantially change the contour or 

condition of the premises except as authorized in writing by the Military Department.

21. Disputes clause

The provision establishes a procedure for resolving claims.

22. Environmental protection

The DoD Policy on the Environmental Review Process to Reach a Finding of Suitability to Lease (FOSL), 

contained in the Deputy Secretary of Defense Memorandum “Fast Track Cleanup at Closing Installations,” May 

18, 1996, includes the following set of model lease provisions that specifically address environmental protection 

issues:

1. The sole purpose(s) for which the Leased Premises and any involvements thereon may be used, in the 

absence of written approval of the Government for any other use, [insert intended use of the Leased 

Premises]. [See Use of the Premises.]

2. The Lessee shall neither transfer nor assign this Lease or any interest therein or any property on the 

Leased Premises, nor sublet the Leased Premises or any part thereof or any property thereon, nor grant 

any interest, privilege, or license whatsoever in connection with this Lease without the prior written 

consent of the Government. Such consent shall not be unreasonably withheld or delayed. Every 

sublease shall contain the Environmental Protection provisions herein. [See Transfers, assignments, and 

subleasing.]

3. The Lessee and any Sublessee shall comply with the applicable Federal, State, and local laws, 

regulations, and standards that are or may become applicable to Lessee’s activities on the Leased 

Premises. [See Applicable rules and regulations.]

4. The Lessee and any Sublessee shall be solely responsible for obtaining at its cost and expense any 

environmental permits required for its operations under the Lease, independent of any existing permits.
DoD Base Reuse Implementation Manual

December 1997 D-23

5. The Government’s rights under this Lease specifically include the right for Government officials to 

inspect upon reasonable notice the Leased Premises for compliance with environmental, safety, and 

occupational health laws and regulations, whether or not the Government is responsible for enforcing 

them. Such inspections are without prejudice to the right of duly constituted enforcement officials to 

make such inspections. The Government normally will give the Lessee or Sublessee twenty-four (24) 

hours prior notice of its intention to enter the Leased Premises unless it determined the entry is required 

for safety, environmental, operations, or security purposes. The Lessee shall have no claim on account 

of any entries against the United States or any officer, agent, employee, or contractor thereof. [See Right 

to enter.]

NOTE: USE THE FOLLOWING PROVISION 6. IF THE LEASED PROPERTY IS PART OF A 

NATIONAL PRIORITIES LIST (NPL) SITE; ADAPT TO CLEANUP AGREEMENTS TO SUIT 

CLEANUPS UNDER STATE REGULATORY AUTHORITIES (E.G., A NON-NPL SITE).

6. The Government acknowledges that [insert name of military installation] has been identified as a 

National Priorities List Site under the Comprehensive Environmental Response, Compensation and 

Liability Act (CERCLA) of 1980, as amended. The Lessee acknowledges that the Government has 

provided it with a copy of the [insert name of military installation] Federal Facility Agreement (FFA) 

entered into by the United States Environmental Protection Agency (EPA) Region [insert number], the 

State of [insert name of State], and the Military Department and effective on [insert date], and will 

provide the Lessee with a copy of any amendments thereto. The Lessee agrees that should any conflict 

arise between the terms of such agreement as it presently exists or may be amended (“FFA,” 

“Interagency Agreement,” or “IAG”) and the provisions of this Lease, the terms of the FFA or IAG will 

take precedence. The Lessee further agrees that notwithstanding any other provision of the Lease, the 

Government assumes no liability to the Lessee or its Sublessees or licensees should implementation of 

the FFA interfere with the Lessee’s or any Sublessee’s or licensee’s use of the Leased Premises. The 

Lessee shall have no claim on account of any such interference against the United States or any officer, 

agent, employee or contractor thereof, other than for abatement of rent.

NOTE: USE THE FOLLOWING PROVISION 7. IF A FEDERAL FACILITIES AGREEMENT (FFA) OR 

INTERAGENCY AGREEMENT (IAG) APPLIES TO THE PROPERTY BEING LEASED (E.G., AN NPL 

SITE).

7. The Government, EPA, and the [insert name of State agency] and their officers, agents, employees, 

contractors, and subcontractors have the right, upon reasonable notice to the Lessee and any Sublessee, 

to enter upon the Leased Premises for the purposes enumerated in this subparagraph and for such other 

purposes consistent with any provision of the FFA:

a. to conduct investigations and surveys, including, where necessary, drilling, soil and water 

sampling, test-pitting, testing soil borings and other activities related to the [insert name of 

military installation] Installation Restoration Program, FFA or IAG;

b. to inspect field activities of the Government and its contractors and subcontractors in 

implementing that [insert name of military installation] IRP, FFA or IAG;

c. to conduct any test or survey required by the EPA or [insert name of State agency] relating 

to the implementation of the FFA or environmental conditions at the Leased Premises or to 

verify any data submitted to the EPA or [insert name of State agency] by the Government 

relating to such conditions;

d. to construct, operate, maintain or undertake any other response or remedial action as 

required or necessary under the [insert name of military installation] IRP or the FFA or IAG, 

including, but not limited to monitoring wells, pumping wells, and treatment facilities.

NOTE: USE THE FOLLOWING ALTERNATE PROVISION 7. IF THE INSTALLATION 

RESTORATION PROGRAM (IRP) OR OTHER ENVIRONMENTAL INVESTIGATION APPLIES TO 

THE PROPERTY BEING LEASED (E.G., A NON-NPL SITE).
Model Lease Provisions

D-24 December 1997

7. The Government and its officers, agents, employees, contractors, and subcontractors have the right, 

upon reasonable notice to the Lessee and any Sublessee, to enter upon the Leased Premises for the 

purposes enumerated in this subparagraph:

a. to conduct investigations and surveys, including, where necessary, drilling, soil and water 

sampling, test-pitting, testing soil borings and other activities related to the [insert name of 

military installation] Installation Restoration Program (IRP);

b. to inspect field activities of the Government and its contractors and subcontractors in 

implementing the [insert name of military installation] IRP;

c. to conduct any test or survey related to the implementation of the IRP or environmental 

conditions at the Leased Premises or to verify any data submitted to the EPA or [insert 

name of State agency] by the Government relating to such conditions;

d. to construct, operate, maintain or undertake any other response or remedial action as 

required or necessary under the [insert name of military installation] IRP, including, but not 

limited to monitoring wells, pumping wells and treatment facilities.

8. The Lessee agrees to comply with the provisions of any health or safety plan in effect under the IRP 

or the FFA during the course of the any of the above described response or remedial actions. Any 

inspection, survey, investigation, or other response or remedial action will, to the extent practicable, be 

coordinated with representatives designated by the Lessee and any Sublessee. The Lessee and 

Sublessees shall have no claim on account of such entries against the United States or any officer, agent, 

employee, contractor, or subcontractor thereof. In addition, the Lessee shall comply with all applicable 

Federal, State, and local occupational safety and health regulations.

9. The Lessee further agrees that in the event of any assignment or sublease of the Leased Premises, it 

shall provide to the EPA and [insert name of State agency] by certified mail a copy of the agreement or 

sublease of the Leased Premises (as the case may be) within fourteen (14) days after the effective date of 

such transaction. The Lessee may delete the financial terms and any other proprietary information from 

the copy of any agreement of assignment or sublease furnished pursuant to this condition.

10. The Lessee shall strictly comply with the hazardous waste permit requirements under the Resource 

Conservation and Recovery Act, or its [insert name of State] equivalent. Except as specifically 

authorized by the Government in writing, the Lessee must provide at its own expense such hazardous 

waste management facilities, complying with all laws and regulations. Government hazardous waste 

management facilities will not be available to the Lessee. Any violation of the requirements of this 

condition shall be deemed a material breach of this Lease.

11. DoD Component accumulation points for hazardous and other wastes will not be used by the 

Lessee or any Sublessee. Neither will the Lessee or Sublessee permit its hazardous wastes to be 

commingled with hazardous waste of the DoD Component.

12. The Lessee shall have a Government-approved plan for responding to hazardous waste, fuel, and 

other chemical spills prior to commencement of operations on the Leased Premises. Such plan shall be 

independent of [insert name of military installation] and, except for initial fire response and/or spill 

containment, shall not rely on use of installation personnel or equipment. Should the Government 

provide any personnel or equipment, whether for initial fire response and/or spill containment, or 

otherwise on the request of the Lessee, or because the Lessee was not, in the opinion of the said officer, 

conducting timely cleanup actions, the Lessee agrees to reimburse the Government for its costs.

13. The Lessee shall not construct or make or permit its Sublessees or assigns to construct or make 

substantial alterations, additions, or improvements to or installations upon or otherwise modify or alter 

the Leased Premises in any way that may adversely affect the cleanup, human health, or the 

environment without the prior written consent of the Government. Such consent may include a 
DoD Base Reuse Implementation Manual

December 1997 D-25

requirement to provide the Government with a performance and payment bond satisfactory to it in all 

respects and other requirements deemed necessary to protect the interests of the Government. For 

construction or alterations, additions, modifications, improvements or installations (collectively “work”) 

in the proximity of operable units that are part of a National Priorities List (NPL) Site, such consent may 

include a requirement for written approval by the Government’s Remedial Project Manager. Except as 

such written approval shall expressly provide otherwise, all such approved alterations, additions, 

modifications, improvements, and installations shall become Government property when annexed to the 

Leased Premises.

14. The Lessee shall not conduct or permit its Sublessees to conduct any subsurface excavation, digging, 

drilling or other disturbance of the surface without the prior written approval of the Government.

15. The Lessee shall strictly comply with the hazardous waste permit requirements under the Resource 

Conservation and Recovery Act (RCRA), or its State equivalent and any other applicable laws, rules or 

regulations. The Lessee must provide at its own expense such hazardous waste storage facilities that 

comply with all laws and regulations as it may need for such storage. Any violation of the requirements 

of this provision shall be deemed a material breach of the Lease.

In addition, there may be site-specific restrictions or provisions, such as to protect endangered species, restrict use 

of wetlands, support coastal zone management plans, or limit floodplain activities.

23. Environmental baseline survey

See discussion above.

24. Taxes

As required by law, any and all taxes imposed by the State or its political subdivisions upon the 

property or interest of the Lessee in the premises shall be paid promptly by the Lessee. Although the 

property of the United States is not taxed, if and to the extent that the property owned by the 

Government is later made taxable by State or local governments under an Act of Congress, the lease 

may be renegotiated.

25. Covenant against contingent fees

The Lessee warrants that no person or selling agency has been employed or retained to solicit or secure 

this lease upon an agreement or understanding for a commission, percentage, brokerage, or contingent 

fee, excepting bona fide employees or established commercial or selling agencies maintained by the 

Lessee for the purpose of securing business.

26. Officials not to benefit

No member of or delegate to Congress or resident commissioner shall be admitted to any share or part 

of this lease or to any benefits to arise therefrom. This does not cover an incorporated company if the 

lease is for the general benefit of such corporation or company.

27. Accounts and records

The accounts and records of the Lessee will be subject to review and audit.

28. Modification/agreement

The written lease is the full agreement. Any modifications must be in writing.

29. No commitments for future use

Interim use leases will contain provisions disavowing any right or expectation for the interim user or its 

tenants or subtenants to acquire the leased property. Interim leases may be entered into prior to the 
Model Lease Provisions

D-26 December 1997

completion of the final reuse or disposal decisions, including, if applicable, the issuance of the ROD or 

prior to implementation of the action identified in the ROD. 

30. Lease signature authority

At the time of execution of the lease, the Lessee will furnish certification of authority to sign the lease.
DoD Base Reuse Implementation Manual

December 1997 D-27
Leasing Policies

D-28 December 1997
DoD Base Reuse Implementation Manual

December 1997 D-29

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December 1997 E-1

Appendix E

Regulations for Real Property 

Transfers and Public Benefit 

Conveyances

Contents Page

41 CFR Part 101-47—Utilization and Disposal of Real Property E-3

(Federal Property Management Regulations)

45 CFR Part 12—Disposal and Utilization of Surplus Real Property for Public Health Purposes E-45

(Department of Health and Human Services)

34 CFR Part 12—Disposal and Utilization of Surplus Federal Real Property for E-49

Educational Purposes (Department of Education)

400 Departmental Manual—Utilization and Disposal of Real Property E-55

(Department of the Interior)

43 CFR Part 2370—Restorations and Revocations (Bureau of Land Management) E-63

36 CFR Part 800—Protection of Historic and Cultural Properties E-65

(National Historic Preservation Act)

60 Federal Register (FR) 35706—Final Rule for Public Benefit Conveyances of Port Facilities E-73

(General Services Administration)

46 Federal Register (FR) 42466—Final Rule for Public Benefit Conveyances of Port Facilities E-79

(Department of Transportation)

The Federal Property Management Regulations included in this Appendix reflect the regulations in 

effect on February 23, 1996, authority for which was specifically delegated to the Department of Defense 

by the Defense Base Closure and Realignment Act of 1990 (see Appendix B). Other regulations are 

current as of July 1997. 
Regulations for Real Property Transfers and Public Benefit Conveyances

E-2 December 1997

This page intentionally left blank
December 1997 E-3

41 CFR Part 101-47:

Federal Property Management 

Regulations

41 CFR Part 101-47—UTILIZATION AND DISPOSAL OF REAL 

PROPERTY

as of Feb. 23, 1996

Title 41--Public Contracts and Property Management

 Subtitle C--Federal Property Management Regulations System

 CHAPTER 101--FEDERAL PROPERTY MANAGEMENT 

 REGULATIONS

 SUBCHAPTER H--UTILIZATION AND DISPOSAL

 PART 101-47--UTILIZATION AND DISPOSAL OF REAL 

 PROPERTY

Sec. 101-47.000 Scope of part.

Subpart 101-47.1--General Provisions

Sec. 101-47.100 Scope of subpart.

Sec. 101-47.101 Applicability.

Sec. 101-47.102 [Reserved]

Sec. 101-47.103 Definitions.

Sec. 101-47.103-1 Act.

Sec. 101-47.103-2 GSA.

Sec. 101-47.103-3 Airport.

Sec. 101-47.103-4 Chapel.

Sec. 101-47.103-5 Decontamination.

Sec. 101-47.103-6 Disposal agency.

Sec. 101-47.103-7 Holding agency.

Sec. 101-47.103-8 Industrial property.

Sec. 101-47.103-9 Landing area.

Sec. 101-47.103-10 Management.

Sec. 101-47.103-11 Protection.

Sec. 101-47.103-12 Real property.

Sec. 101-47.103-13 Related personal property.

Sec. 101-47.103-14 Other terms defined in the Act.

Sec. 101-47.103-15 Other terms.

Subpart 101-47.2--Utilization of Excess Real Property

Sec. 101-47.200 Scope of subpart.

Sec. 101-47.201 General provisions of subpart.

Sec. 101-47.201-1 Policy.

Sec. 101-47.201-2 Guidelines.

Sec. 101-47.201-3 Lands withdrawn or reserved from the public domain.

Sec. 101-47.201-4 Transfers under other laws.

Sec. 101-47.202 Reporting of excess real property.

Sec. 101-47.202-1 Reporting requirements.

Sec. 101-47.202-2 Report forms.

Sec. 101-47.202-3 Submission of reports.

Sec. 101-47.202-4 Exceptions to reporting.

Sec. 101-47.202-5 Reporting after submissions to the Congress.

Sec. 101-47.202-6 Reports involving the public domain.

Sec. 101-47.202-7 Reports involving contaminated property.

Sec. 101-47.202-8 Notice of receipt.

Sec. 101-47.202-9 Expense of protection and maintenance.

Sec. 101-47.202-10 Examination for acceptability.

Sec. 101-47.203 Utilization.

Sec. 101-47.203-1 Reassignment of real property by the agencies.

Sec. 101-47.203-2 Transfer and utilization.

Sec. 101-47.203-3 Notification of agency requirements.

Sec. 101-47.203-4 Real property excepted from reporting.

Sec. 101-47.203-5 Screening of excess real property.

Sec. 101-47.203-6 Designation as personal property.

Sec. 101-47.203-7 Transfers.

Sec. 101-47.203-8 Temporary utilization.

Sec. 101-47.203-9 Non-Federal interim use of property.

Sec. 101-47.203-10 Withdrawals.

Sec. 101-47.204 Determination of surplus.

Sec. 101-47.204-1 Reported property.

Sec. 101-47.204-2 Property excepted from reporting.

Subpart 101-47.3--Surplus Real Property Disposal

Sec. 101-47.300 Scope of subpart.

Sec. 101-47.301 General provisions of subpart.

Sec. 101-47.301-1 Policy.

Sec. 101-47.301-2 Applicability of antitrust laws.

Sec. 101-47.301-3 Disposals under other laws.

Sec. 101-47.301-4 Credit disposals and leases.

Sec. 101-47.302 Designation of disposal agencies.

Sec. 101-47.302-1 General.

Sec. 101-47.302-2 Holding agency.

Sec. 101-47.302-3 General Services Administration.

Sec. 101-47.303 Responsibility of disposal agency.

Sec. 101-47.303-1 Classification.

Sec. 101-47.303-2 Disposals to public agencies.

Sec. 101-47.303-2a Notice for zoning purposes.

Sec. 101-47.303-3 Studies.

Sec. 101-47.303-4 Appraisal.

Sec. 101-47.304 Advertised and negotiated disposals.

Sec. 101-47.304-1 Publicity.

Sec. 101-47.304-2 Soliciting cooperation of local groups.

Sec. 101-47.304-3 Information to interested persons.

Sec. 101-47.304-4 Invitation for offers.

Sec. 101-47.304-5 Inspection.

Sec. 101-47.304-6 Submission of offers.

Sec. 101-47.304-7 Advertised disposals.

Sec. 101-47.304-8 [Reserved]

Sec. 101-47.304-9 Negotiated disposals.

Sec. 101-47.304-10 Disposals by brokers.

Sec. 101-47.304-11 Documenting determinations to negotiate.

Sec. 101-47.304-12 Explanatory statements.

Sec. 101-47.304-13 Provisions relating to asbestos.

Sec. 101-47.304-14 Provisions relating to hazardous substance activity.

Sec. 101-47.305 Acceptance of offers.

Sec. 101-47.305-1 General.

Sec. 101-47.305-2 Equal offers.

Sec. 101-47.305-3 Notice to unsuccessful bidders.

Sec. 101-47.306 Absence of acceptable offers.

Sec. 101-47.306-1 Negotiations.

Sec. 101-47.306-2 Defense Industrial Reserve properties.

Sec. 101-47.307 Conveyances.

Sec. 101-47.307-1 Form of deed or instrument of conveyance.

Sec. 101-47.307-2 Conditions in disposal instruments.

Sec. 101-47.307-3 Distribution of conformed copies of conveyance 

instruments.

Sec. 101-47.307-4 Disposition of title papers.

Sec. 101-47.307-5 Title transfers from Government corporations.

Sec. 101-47.307-6 Proceeds from disposals.

Sec. 101-47.308 Special disposal provisions.

Sec. 101-47.308-1 Power transmission lines.

Sec. 101-47.308-2 Property for public airports.

Sec. 101-47.308-3 Property for use as historic monuments.

Sec. 101-47.308-4 Property for educational and public health purposes.
41 CFR Part 101-47: Federal Property Management Regulations

E-4 December 1997

Sec. 101-47.308-5 Property for use as shrines, memorials, or for religious 

purposes.

Sec. 101-47.308-6 Property for housing and related facilities.

Sec. 101-47.308-7 Property for use as public park or recreation areas.

Sec. 101-47.308-8 Property for displaced persons.

Sec. 101-47.308-9 Property for correctional facility use.

Sec. 101-47.308-10 Property for port facility use.

Sec. 101-47.309 Disposal of leases, permits, licenses, and similar 

instruments.

Sec. 101-47.310 Disposal of structures and improvements on 

Government-owned land.

Sec. 101-47.311 Disposal of residual personal property.

Sec. 101-47.312 Non-Federal interim use of property.

Sec. 101-47.313 Easements.

Sec. 101-47.313-1 Disposal of easements to owner of servient estate.

Sec. 101-47.313-2 Grants of easements in or over Government property.

Sec. 101-47.314 Compliance.

Sec. 101-47.314-1 General.

Sec. 101-47.314-2 Extent of investigations.

Subpart 101-47.4--Management of Excess and Surplus Real 

Property

Sec. 101-47.400 Scope of subpart.

Sec. 101-47.401 General provisions of subpart.

Sec. 101-47.401-1 Policy.

Sec. 101-47.401-2 Definitions.

Sec. 101-47.401-3 Taxes and other obligations.

Sec. 101-47.401-4 Decontamination.

Sec. 101-47.401-5 Improvements or alterations.

Sec. 101-47.401-6 Interim use and occupancy.

Sec. 101-47.402 Protection and maintenance.

Sec. 101-47.402-1 Responsibility.

Sec. 101-47.402-2 Expense of protection and maintenance.

Sec. 101-47.403 Assistance in disposition.

Subpart 101-47.5--Abandonment, Destruction, or Donation to 

Public Bodies

Sec. 101-47.500 Scope of subpart.

Sec. 101-47.501 General provisions of subpart.

Sec. 101-47.501-1 Definitions.

Sec. 101-47.501-2 Authority for disposal.

Sec. 101-47.501-3 Dangerous property.

Sec. 101-47.501-4 Findings.

Sec. 101-47.502 Donations to public bodies.

Sec. 101-47.502-1 Cost limitations.

Sec. 101-47.502-2 Disposal costs.

Sec. 101-47.503 Abandonment and destruction.

Sec. 101-47.503-1 General.

Sec. 101-47.503-2 Notice of proposed abandonment or destruction.

Sec. 101-47.503-3 Abandonment or destruction without notice.

Subpart 101-47.6--Delegations

Sec. 101-47.600 Scope of subpart.

Sec. 101-47.601 Delegation to Department of Defense.

Sec. 101-47.602 Delegation to the Department of Agriculture.

Sec. 101-47.603 Delegations to the Secretary of the Interior.

Sec. 101-47.604 Delegation to the Department of the Interior, the 

Department of Health and Human Services, and the Department of 

Education.

Subpart 101-47.7--Conditional Gifts of Real Property To 

Further the Defense Effort

Sec. 101-47.700 Scope of subpart.

Sec. 101-47.701 Offers and acceptance of conditional gifts.

Sec. 101-47.702 Consultation with agencies.

Sec. 101-47.703 Advice of disposition.

Sec. 101-47.704 Acceptance of gifts under other laws.

Subpart 101-47.8--Identification of Unneeded Federal Real 

Property

Sec. 101-47.800 Scope of subpart.

Sec. 101-47.801 Standards.

Sec. 101-47.802 Procedures.

Subpart 101-47.9 Use of Federal Real Property to Assist the 

Homeless

Sec. 101-47.901 Definitions.

Sec. 101-47.902 Applicability.

Sec. 101-47.903 Collecting the information.

Sec. 101-47.904 Suitability determination.

Sec. 101-47.905 Real property reported excess to GSA.

Sec. 101-47.906 Suitability criteria.

Sec. 101-47.907 Determination of availability.

Sec. 101-47.908 Public notice of determination.

Sec. 101-47.909 Application process.

Sec. 101-47.910 Action on approved applications.

Sec. 101-47.912 No applications approved.

Subparts 101-47.10--101-47.48 [Reserved]

Subpart 101-47.49--Illustrations

Sec. 101-47.4900 Scope of subpart.

Sec. 101-47.4901 [Reserved]

Sec. 101-47.4902 Standard Form 118, Report of Excess Real Property.

Sec. 101-47.4902-1 Standard Form 118a, Buildings, Structures, Utilities, 

and Miscellaneous Facilities.

Sec. 101-47.4902-2 Standard Form 118b, Land.

Sec. 101-47.4902-3 Standard Form 118c, Related Personal Property.

Sec. 101-47.4902-4 Instructions for the preparation of Standard Form 

118, and Attachments, Standard Forms 118a, 118b, and 118c.

Sec. 101-47.4904 GSA Form 1334, Request for Transfer of Excess Real 

and Related Personal Property.

Sec. 101-47.4904-1 Instructions for preparation of GSA Form 1334, 

Request for Transfer of Excess Real and Related Personal Property.

Sec. 101-47.4905 Extract of statutes authorizing disposal of surplus real 

property to public agencies.

Sec. 101-47.4906 Sample notice to public agencies of surplus 

determination.

Sec. 101-47.4906a Attachment to notice sent to zoning authority.

Sec. 101-47.4906b Paragraph to be added to letter sent to zoning 

authority.

Sec. 101-47.4906-1 Sample letter for transmission of notice of surplus 

determination.

Sec. 101-47.4906-2 Sample letter to a state single point of contact.

Sec. 101-47.4907 List of Federal real property holding agencies.

Sec. 101-47.4908 Excess profits covenant.

Sec. 101-47.4909 Highest and best use.

Sec. 101-47.4910 Field offices of Department of Health, Education, and 

Welfare.

Sec. 101-47.4911 Outline for explanatory statements for negotiated sales.

Sec. 101-47.4912 Regional offices of the Bureau of Outdoor Recreation, 

Department of the Interior.

Sec. 101-47.4913 Outline for protection and maintenance of excess and 

surplus real property.

Sec. 101-47.4914 Executive Order 12512.

AUTHORITY: 40 U.S.C. 486(c). Subpart 101-47.9 also issued under 42 

U.S.C. 11411.

SOURCE: 29 FR 16126, Dec. 3, 1964, unless otherwise noted.

Sec. 101-47.000 Scope of part.

 This part prescribes the policies and methods governing the utilization 

and disposal of excess and surplus real property and related personal 

property within the States of the Union, the District of Columbia, the 

Commonwealth of Puerto Rico, American Samoa, Guam, the Trust 

Territory of the Pacific Islands, and the Virgin Islands.
DoD Base Reuse Implementation Manual

December 1997 E-5

 

 [47 FR 4521, Feb. 1, 1982]

Subpart 101-47.1--General Provisions

Sec. 101-47.100 Scope of subpart.

 This subpart sets forth the applicability of this Part 101-47, and other 

introductory information.

Sec. 101-47.101 Applicability.

 The provisions of this Part 101-47 apply to all Federal agencies, except 

as may otherwise be specifically provided under each section or subpart.

Sec. 101-47.102 [Reserved]

Sec. 101-47.103 Definitions.

 As used throughout this Part 101-47, the following terms shall have the 

meanings as set forth in this Subpart 101-47.1.

Sec. 101-47.103-1 Act.

 The Federal Property and Administrative Services Act of 1949, 63 Stat. 

377, as amended.

Sec. 101-47.103-2 GSA.

 The General Services Administration, acting by or through the 

Administrator of General Services, or a designated official to whom 

functions under this Part 101-47 have been delegated by the 

Administrator of General Services.

Sec. 101-47.103-3 Airport.

 Any area of land or water which is used, or intended for use, for the 

landing and takeoff of aircraft, and any appurtenant areas which are used, 

or intended for use, for airport buildings or other airport facilities or 

rights-of-way, together with all airport buildings and facilities located 

thereon.

Sec. 101-47.103-4 Chapel.

 Any Government-owned building and improvements, including surplus 

fixtures or furnishings therein, related or essential to the religious 

activities and services for which the building is to be used and 

maintained, was designed for and used, or was intended to be used.

Sec. 101-47.103-5 Decontamination.

 The complete removal or destruction by flashing of explosive powders; 

the neutralizing and cleaning-out of acid and corrosive materials; the 

removal, destruction, or neutralizing of toxic, hazardous or infectious 

substances; and the complete removal and destruction by burning or 

detonation of live ammunition from contaminated areas and buildings.

 

 [53 FR 29893, Aug. 9, 1988]

Sec. 101-47.103-6 Disposal agency.

 The executive agency designated by the Administrator of General 

Services to dispose of surplus real property.

Sec. 101-47.103-7 Holding agency.

 The Federal agency which has accountability for the property involved.

Sec. 101-47.103-8 Industrial property.

 Any real property and related personal property which has been used or 

which is suitable to be used for manufacturing, fabricating, or processing 

of products; mining operations; construction or repair of ships and other 

waterborne carriers; power transmission facilities; railroad facilities; and 

pipeline facilities for transporting petroleum or gas.

Sec. 101-47.103-9 Landing area.

 Any land or combination of water and land, together with 

improvements thereon and necessary operational equipment used in 

connection therewith, which is used for landing, takeoff, and parking of 

aircraft. The term includes, but is not limited to, runways, strips, 

taxiways, and parking aprons.

Sec. 101-47.103-10 Management.

 The safeguarding of the Government's interest in property, in an 

efficient and economical manner consistent with the best business 

practices.

Sec. 101-47.103-11 Protection.

 The provisions of adequate measures for prevention and 

extinguishment of fires, special inspections to determine and eliminate fire 

and other hazards, and necessary guards to protect property against 

thievery, vandalism, and unauthorized entry.

Sec. 101-47.103-12 Real property.

 (a) Any interest in land, together with the improvements, structures, and 

fixtures located thereon (including prefabricated movable structures, such 

as Butler-type storage warehouses and quonset huts, and housetrailers 

with or without undercarriages), and appurtenances thereto, under the 

control of any Federal agency, except:

 (1) The public domain;

 (2) Lands reserved or dedicated for national forest or national park 

purposes;

 (3) Minerals in lands or portions of lands withdrawn or reserved from 

the public domain which the Secretary of the Interior determines are 

suitable for disposition under the public land mining and mineral leasing 

laws;

 (4) Lands withdrawn or reserved from the public domain but not 

including lands or portions of lands so withdrawn or reserved which the 

Secretary of the Interior, with the concurrence of the Administrator of 

General Services, determines are not suitable for return to the public 

domain for disposition under the general public land laws because such 

lands are substantially changed in character by improvements or 

otherwise; and

 (5) Crops when designated by such agency for disposition by severance 

and removal from the land.

 (b) Improvements of any kind, structures, and fixtures under the control 

of any Federal agency when designated by such agency for disposition 

without the underlying land (including such as may be located on the 

public domain, or lands withdrawn or reserved from the public domain, or 

lands reserved or dedicated for national forest or national park purposes, 

or on lands that are not owned by the United States) excluding, however, 

prefabricated movable structures, such as Butler-type storage warehouses 

and quonset huts, and housetrailers (with or without undercarriages).

 (c) Standing timber and embedded gravel, sand, or stone under the 

control of any Federal agency whether designated by such agency for 

disposition with the land or by severance and removal from the land, 

excluding timber felled, and gravel, sand, or stone excavated by or for the 

Government prior to disposition.

 

 [29 FR 16126, Dec. 3, 1964, as amended at 30 FR 11281, Aug. 2, 

1965; 33 FR 8737, June 14, 1968]

Sec. 101-47.103-13 Related personal property.

 "Related personal property" means any personal property:

 (a) Which is an integral part of real property or is related to, designed 

for, or specially adapted to the functional or productive capacity of the 

real property and removal of this personal property would significantly 

diminish the economic value of the real property. Normally, common use 

items, including but not limited to general-purpose furniture, utensils, 

office machines, office supplies, or general-purpose vehicles, are not 

considered to be related personal property; or

 (b) Which is determined by the Administrator of General Services to be 

related to the real property.

 

 [46 FR 45951, Sept. 16, 1981]
41 CFR Part 101-47: Federal Property Management Regulations

E-6 December 1997

Sec. 101-47.103-14 Other terms defined in the Act.

 Other terms which are defined in the Act shall have the meanings given 

them by such Act.

Sec. 101-47.103-15 Other terms.

 Other terms not applicable throughout this part are defined in the 

sections or subparts to which they apply.

Subpart 101-47.2--Utilization of Excess Real Property

Sec. 101-47.200 Scope of subpart.

 (a) This subpart prescribes the policies and methods governing the 

reporting by executive agencies and utilization by Federal agencies of 

excess real property, including related personal property within the State 

of the Union, the District of Columbia, the Commonwealth of Puerto 

Rico, American Samoa, Guam, the Trust Territory of the Pacific Islands, 

and the Virgin Islands. This subpart does not apply to the abandonment, 

destruction, or donation to public bodies, under section 202(h) of the Act 

(covered by Subpart 101-47.5).

 (b) The provisions of this Subpart 101-47.2 shall not apply to asbestos 

on Federal property which is subject to section 120(h) of the Superfund 

Amendments and Reauthorization Act of 1986, Pub. L. 99-499.

 

 [53 FR 29893, Aug. 9, 1988]

Sec. 101-47.201 General provisions of subpart.

Sec. 101-47.201-1 Policy.

 It is the policy of the Administrator of General Services:

 (a) To stimulate the identification and reporting by executive agencies 

of excess real property.

 (b) To achieve the maximum utilization by executive agencies, in terms 

of economy and efficiency, of excess real property in order to minimize 

expenditures for the purchase of real property.

 (c) To provide for the transfer of excess real property among Federal

 agencies, to mixed-ownership Government corporations, and to the 

municipal government of the District of Columbia.

 

 [29 FR 16126, Dec. 3, 1964, as amended at 42 FR 40698, Aug. 11, 

1977]

Sec. 101-47.201-2 Guidelines.

 (a) Each executive agency shall:

 (1) Survey real property under its control (including property assigned 

on a permit basis to other Federal agencies, or outleased to States, local 

governments, other public bodies, or private interests) at least annually to 

identify property which is not needed, underutilized, or not being put to 

optimum use. When other needs for the property are identified or 

recognized, the agency shall determine whether continuation of the 

current use or another Federal or other use would better serve the public 

interest, considering both the agency's needs and the property's location. In 

conducting each review, agencies shall be guided by Sec. 101-47.801(b), 

other applicable General Services Administration regulations, and such 

criteria as may be established by the Federal Property Council;

 (2) Maintain its inventory of real property at the absolute minimum 

consistent with economical and efficient conduct of the affairs of the 

agency; and

 (3) Promptly report to GSA real property which it has determined to be 

excess.

 (b) Each executive agency shall, so far as practicable, pursuant to the 

provisions of this subpart, fulfill its needs for real property by utilization 

of excess real property.

 (c) To preclude the acquisition by purchase of real property when 

excess or surplus property of another Federal agency may be available 

which would meet the need, each executive agency shall notify GSA of its 

needs and ascertain whether any such property is available. However, in 

specific instances where the agency's proposed acquisition of real property 

is dictated by such factors as exact geographical location, topography, 

engineering, or similar characteristics which limit the possible use of other 

available property, the notification shall not be required. For example, for 

a dam site or reservoir area or the construction of a generating plant or a 

substation specific lands are needed and, ordinarily, no purpose would be 

served by such notification.

 (d) In every case of a proposed transfer of excess real property, the 

paramount consideration shall be the validity and appropriateness of the 

requirement upon which the proposal is based.

 (1) A proposed transfer should not establish a new program of an 

executive agency which has never been reflected in any previous budget 

submission or congressional action; nor should it substantially increase 

the level of an agency's existing programs beyond that which has been 

contemplated in the President's budget or by the Congress.

 (2) Before requesting a transfer of excess real property, an executive 

agency should:

 (i) Screen the holdings of the bureaus or other organizations within the 

agency to determine whether the new requirement can be met through 

improved utilization. Any utilization, however, must be for purposes that 

are consistent with the highest and best use of the property under 

consideration; and

 (ii) Review all real property under its accountability which it has 

assigned on a permit basis to other Federal agencies, or outleased to 

States, local governments, other public bodies, or private interests and 

terminate the permit or lease for any property, or portion thereof, that is 

suitable for the proposed need whenever such termination is not prohibited 

by the terms of the permit or lease.

 (3) Property found to be available under Sec. 101-47.201-2(d)(2) (i) or 

(ii), should be utilized for the proposed need in lieu of requesting a 

transfer of excess real property. Reassignments of such property within the 

agency should be made in appropriate cases.

 (4) The appraised fair market value of the excess real property 

proposed for transfer should not substantially exceed the probable 

purchase price of other real property which would be suitable for the 

intended purpose.

 (5) The size and quantity of excess real property to be transferred 

should be limited to the actual requirements. Other portions of an excess 

installation which can be separated should be withheld from transfer and 

made available for disposal to other agencies or to the public.

 (6) Consideration should be given to the design, layout, geographic 

location, age, state of repair, and expected maintenance costs of excess 

real property proposed for transfer. It should be clearly demonstrated that 

the transfer will prove more economical over a sustained period of time 

than acquisition of a new facility specifically planned for the purpose.

 (7) Excess real property should not be permanently transferred to 

agencies for programs which appear to be scheduled for substantial 

curtailment or termination. In such cases, the property may be temporarily 

transferred on a conditional basis, with an understanding that the property 

will be released for further Federal utilization or disposal as surplus 

property, at a time agreed upon when the transfer is arranged (see Sec. 

101-47.203-8).

 (e) Excess real property of a type which may be used for office, storage, 

and related purposes normally will be assigned by, or at the direction of, 

GSA for use to the requesting agency in lieu of being transferred to the 

agency.

 (f) Federal agencies which normally do not require real property, other 

than for office, storage, and related purposes, or which may not have 

statutory authority to acquire such property, may obtain the use of excess 

real property for an approved program when authorized by GSA.

 [29 FR 16126, Dec. 3, 1964, as amended at 39 FR 11281, Sept. 2, 

1965; 37 FR 5029, Mar. 9, 1972; 40 FR 12078, Mar. 17, 1975]

Sec. 101-47.201-3 Lands withdrawn or reserved from the public 

domain.

 (a) Agencies holding lands withdrawn or reserved from the public 

domain, which they no longer need, shall send to the GSA regional office 

for the region in which the lands are located an information copy of each 

notice of intention to relinquish filed with the Department of the Interior 

(43 CFR Part 2372, et seq.).
DoD Base Reuse Implementation Manual

December 1997 E-7

 (b) Section 101-47.202-6 prescribes the procedure for reporting to 

GSA as excess property, certain lands or portions of lands withdrawn or 

reserved from the public domain for which such notices have been filed 

with the Department of the Interior.

 

 [29 FR 16126, Dec. 3, 1964, as amended at 42 FR 40698, Aug. 11, 

1977]

Sec. 101-47.201-4 Transfers under other laws.

 Pursuant to section 602(c) of the Act, transfers of real property shall not 

be made under other laws, but shall be made only in strict accordance 

with the provisions of this subpart unless the Administrator of General 

Services, upon written application by the disposal agency, shall determine 

in each case that the provisions of any such other law, pursuant to which a 

transfer is proposed to be made, are not inconsistent with the authority 

conferred by this Act. The provisions of this section shall not apply to 

transfers of real property authorized to be made by section 602(d) of the 

Act or by any special statute which directs or requires an executive 

agency named therein to transfer or convey specifically described real 

property in accordance with the provisions of such statute.

Sec. 101-47.202 Reporting of excess real property.

Sec. 101-47.202-1 Reporting requirements.

 Each executive agency shall report to GSA, pursuant to the provisions 

of this section, all excess real property except as provided in Sec. 101-

47.202- 4. Reports of excess real property shall be based on the agency's 

official real property records and accounts.

 (a) All excess related personal property shall be reported as a part of the 

same report covering the excess real property.

 (b) Upon request of the Administrator of General Services, executive 

agencies shall institute specific surveys to determine that portion of real 

property, including unimproved property, under their control which might 

be excess and suitable for office, storage, and related facilities, and shall 

report promptly to the Administrator of General Services as soon as each 

survey is completed.

Sec. 101-47.202-2 Report forms.

 Reports of excess real property and related personal property shall be 

prepared on Standard Form 118, Report of Excess Real Property (see Sec. 

101- 47.4902), and accompanying Standard Form 118a, Buildings 

Structures, Utilities, and Miscellaneous Facilities, Schedule A (Sec. 101-

47.4902-1); Standard Form 118b, Land, Schedule B (see Sec. 101-

47.402-2); and Standard Form 118c, Related Personal Property, Schedule 

C (see Sec. 101-47.4902-3). Instructions for the preparation of Standard 

Forms 118, 118a, 118b, and 118c are set forth in Sec. 101-47.4902-4.

 (a) Property for which the holding agency is designated as the disposal 

agency under the provisions of Sec. 101-47.302-2 and which is required 

to be reported to GSA under the provisions of this section shall be 

reported on Standard Form 118, without the accompanying Schedules A, 

B, and C, unless the holding agency requests GSA to act as disposal 

agency and a statement to that effect is inserted in Block 18, Remarks, of 

Standard Form 118.

 (b) In all cases where Government-owned land is reported, there shall 

be attached to and made a part of Standard Form 118 (original and copies 

thereof) a report prepared by a qualified employee of the holding agency 

on the Government's title to the property based upon his review of the 

records of the agency. The report shall recite:

 (1) The description of the property.

 (2) The date title vested in the United States.

 (3) All exceptions, reservations, conditions, and restrictions, relating to 

the title acquired.

 (4) Detailed information concerning any action, thing, or circumstance 

that occurred from the date of the acquisition of the property by the United 

States to the date of the report which in any way affected or may have 

affected the right, title, and interest of the United States in and to the real 

property (together with copies of such legal comments or opinions as may 

be contained in the file concerning the manner in which and the extent to 

which such right, title, or interest may have been affected). In the absence 

of any such action, thing, or circumstance, a statement to that effect shall 

be made a part of the report.

 (5) The status of civil and criminal jurisdiction over the land that is 

peculiar to the property by reason of it being Government-owned land. In 

the absence of any special circumstances, a statement to that effect shall 

be made a part of the report.

 (6) Detailed information regarding any known flood hazards or 

flooding of the property and, if located in a floodplain or wetlands, a 

listing of and citations to those uses that are restricted under identified 

Federal, State, or local regulations as required by Executive Orders 

11988 and 11990 of May 24, 1977.

 (7) The specific identification and description of fixtures and related 

personal property that have possible historic or artistic value.

 (8) The historical significance of the property, if any, and whether the 

property is listed, is eligible for, or has been nominated for listing in the 

National Register of Historic Places or is in proximity to a property on the 

National Register. If the holding agency is aware of any effort by the 

public to have the property listed on the National Register, this 

information should be included.

 (9) To the extent such information is reasonably available or 

ascertainable from agency files, personnel, and other inquiry, a description 

of the type, location and condition of asbestos incorporated in the 

construction, repair, or alteration of any building or improvement on the 

property (e.g., fireproofing, pipe insulation, etc.) and a description of any 

asbestos control measures taken for the property. To assist GSA in 

considering the disposal options for the property, agencies shall also 

provide to GSA any available indication of costs and/or time necessary to 

remove all or any portion of the asbestos-containing materials. Agencies 

are not required to conduct any specific studies and/or tests to obtain this 

information. (See also Sec. 101-47.200(b).)

 (10) With respect to hazardous substance activity on the property:

 (i) A statement indicating whether or not, during the time the property 

was owned by the United States, any hazardous substance activity, as 

defined by regulations issued by the Environmental Protection Agency at 

40 CFR part 373, took place on the property. Hazardous substance 

activity includes situations where any hazardous substance was stored for 

one year or more, known to have been released, or disposed of on the 

property. Agencies reporting such property shall review the regulations 

issued by the Environmental Protection Agency at 40 CFR part 373 for 

details on the information required.

 (ii) If such activity took place, the reporting agency must include 

information on the type and quantity of such hazardous substance and the 

time at which such storage, release, or disposal took place. In addition to 

the specific information on the type and quantity of the hazardous 

substance, the reporting agency shall also advise the disposal agency if all 

remedial action necessary to protect human health and the environment 

with respect to any such substance remaining on the property has been 

taken before the date of the property was reported excess. If such action 

has not been taken, the reporting agency shall advise the disposal agency 

when such action will be completed.

 (iii) If no such activity took place, the reporting agency must include a 

statement: "The (reporting agency) has determined, accordance with 

regulations issued by the Environmental Protection Agency at 40 CFR 

part 373, that there is no evidence to indicate that hazardous substance 

activity took place on the property during the time the property was 

owned by the United States."

 (c) There shall be transmitted with Standard Form 118:

 (1) A legible, reproducible copy of all instruments in possession of the 

agency which affect the right, title, or interest of the United States in the 

property reported or the use and operation of such property (including 

agreements covering and licenses to use, any patents, processes, 

techniques, or inventions). In cases where the agency considers it to be 

impracticable to transmit the abstracts of title and related title evidence, 

such documents need not be transmitted; however, the name and address 

of the custodian of such documents shall be stated in the title report 

referred to in Sec. 101- 47.202-2(b) and they shall be furnished if

requested by GSA;

 (2) Any appraisal reports in the possession of the holding agency of the 

fair market value or the fair annual rental of the property reported; and
41 CFR Part 101-47: Federal Property Management Regulations

E-8 December 1997

 (3) A certification by a responsible person that the property does or 

does not contain polychlorinated biphenyl (PCB) transformers or other 

equipment regulated by the Environmental Protection Agency under 40 

CFR Part 761. If the property does contain any equipment subject to 40 

CFR Part 761, the certification must include an assurance on behalf of the 

holding agency that each item of such equipment is now and will be 

maintained in a state of compliance with such regulations until disposal of 

the property.

 [29 FR 16126, Dec. 3, 1964, as amended at 31 FR 15541, Dec. 9, 

1966; 34 FR 8166, May 24, 1969; 40 FR 22256, May 22, 1975; 44 FR 

19406, Apr. 3, 1979; 52 FR 46467, Dec. 8, 1987; 53 FR 29893, Aug. 9, 

1988; FTR Amdt. 16, 56 FR 15048, Apr. 15, 1991]

 

Sec. 101-47.202-3 Submission of reports.

 Reports of excess shall be filed with the regional office of GSA for the 

region in which the excess property is located, as follows:

 (a) Government-owned real property and related personal property 

shall be reported by the holding agencies 90-calendar days in advance of 

the date such excess property shall become available for transfer to 

another Federal agency or for disposal. Where the circumstances will not 

permit excess real property and related personal property to be reported a 

full 90-calendar days in advance of the date it will be available, the report 

shall be made as far in advance of such date as possible.

 (b) Leasehold interests in real property determined to be excess shall be 

reported at least 60-calendar days prior to the date on which notice of 

termination or cancellation is required by the terms of the instrument 

under which the property is occupied.

 (c) All reports submitted by the Department of Defense shall bear the 

certification "This property has been screened against the known needs of 

the Department of Defense." All reports submitted by civilian agencies 

shall bear the certification "This property has been screened against the 

known needs of the holding agency."

Sec. 101-47.202-4 Exceptions to reporting.

 (a) A holding agency shall not report to GSA leased space assigned to 

the agency by GSA and determined by the agency to be excess.

 (b) Also, except for those instances set forth in Sec. 101-47.202-4(c) a 

holding agency shall not report to GSA property used, occupied, or 

controlled by the Government under a lease, permit, license, easement, or 

similar instrument when:

 (1) The lease or other instrument is subject to termination by the 

grantor or owner of the premises within nine months;

 (2) The remaining term of the lease or other instrument, including 

renewal rights, will provide for less than nine months of use and 

occupancy;

 (3) The term of the lease or other instrument would preclude transfer to, 

or use by, another Federal agency or disposal to a third party; or

 (4) The lease or other instrument provides for use and occupancy of 

space for office, storage, and related facilities, which does not exceed a 

total of 2,500 sq. feet.

 (c) Property, which otherwise would not be reported because it falls 

within the exceptions set forth in Sec. 101-47.202-4(b) shall be reported:

 (1) If there are Government owned improvements located on the 

premises; or

 (2) If the continued use, occupancy, or control of the property by the 

Government is needful for the operation, production, or maintenance of 

other property owned or controlled by the Government that has been 

reported excess or is required to be reported to GSA under the provisions 

of this section.

Sec. 101-47.202-5 Reporting after submissions to the Congress.

 Reports of excess covering property of the military departments and of 

the Office of Emergency Planning prepared after the expiration of 30 days 

from the date upon which a report of the facts concerning the reporting of 

such property was submitted to the Committees on Armed Services of the 

Senate and House of Representatives, 10 U.S.C. 2662 and the Act of 

August 10, 1956, 70A Stat. 636, as amended (50 U.S.C. App. 2285), 

shall contain a statement that the requirements of the statute have been 

met.

Sec. 101-47.202-6 Reports involving the public domain.

 (a) Agencies holding land withdrawn or reserved from the public 

domain which they no longer need, shall report on Standard Form 118, 

with appropriate Schedules A, B, and C, land or portions of land so 

withdrawn or reserved and the improvements thereon, if any, to the 

regional office of GSA for the region in which the lands are located when 

the agency has:

 (1) Filed a notice of intention to relinquish with the Department of the 

Interior and sent a copy of the notice to the regional office of GSA (Sec. 

101-47.201-3);

 (2) Been notified by the Department of the Interior that the Secretary of 

the Interior, with the concurrence of the Administrator of General 

Services, has determined the lands are not suitable for return to the public 

domain for disposition under the general public land laws because the 

lands are substantially changed in character by improvements or 

otherwise; and

 (3) Obtained from the Department of the Interior a report as to whether 

any agency (other than the holding agency) claims primary, joint, or 

secondary jurisdiction over the lands and whether the Department's 

records show the lands to be encumbered with any existing valid rights or 

privileges under the public land laws.

 (b) Should the Department of the Interior determine that minerals in the 

lands are not suitable for disposition under the public land mining and 

mineral leasing laws, the Department will notify the appropriate regional 

office of GSA of such determination and will authorize the holding 

agency to include the minerals in its report to GSA.

 (c) When reporting the property to GSA, a true copy of the notification 

(Sec. 101-47.202-6(a)(2)) and report (Sec. 101-47.202-6(a)(3)) shall be 

submitted as a part of the holding agency's report on the Government's 

legal title which shall accompany Standard Form 118.

Sec. 101-47.202-7 Reports involving contaminated property.

 Any report of excess covering property which in its present condition is 

dangerous or hazardous to health and safety, shall state the extent of such 

contamination, the plans for decontamination, and the extent to which the 

property may be used without further decontamination. In the case of 

properties containing asbestos-containing materials and in lieu of the 

requirements of the foregoing provisions of Sec. 101-47.202-7, see 

subsection 101-47.202-2(b)(9).

 

 [53 FR 28984, Aug. 9, 1988]

Sec. 101-47.202-8 Notice of receipt.

 GSA shall promptly notify the holding agency of the date of receipt of 

each Report of Excess Real Property (Standard Form 118).

Sec. 101-47.202-9 Expense of protection and maintenance.

 When there are expenses connected with the protection and 

maintenance of the property reported to GSA, the notice to the holding 

agency of the date of receipt (see Sec. 101-47.202-8) will indicate, if 

determinable, the date that the provisions of Sec.101-47.402-2 will 

become effective. Normally this will be the date of the receipt of the 

report. If because of actions of the holding agency the property is not 

available for immediate disposition at the time of receipt of the report, the 

holding agency will be reminded in the notice that the period of its 

responsibility for the expense of protection and maintenance will be 

extended by the period of the delay.

 

 [49 FR 1348, Jan. 11, 1984]

Sec. 101-47.202-10 Examination for acceptability.

 Each report of excess shall be reviewed by GSA to ascertain whether 

the report was prepared in accordance with the provisions of this section. 

Within fifteen calendar days after receipt of a report, the holding agency 

shall be informed by letter of the findings of GSA.
DoD Base Reuse Implementation Manual

December 1997 E-9

 (a) Where it is found that a report is adequate to the extent that GSA 

can proceed with utilization and disposal actions for the property, the 

report shall be accepted and the holding agency shall be informed of the 

date of such acceptance. However, the holding agency shall, upon request, 

promptly furnish such additional information or documents relating to the 

property as may be required by GSA to accomplish a transfer or a 

disposal.

 (b) Where it is found that a report is insufficient to the extent that GSA 

would be unable to proceed with any utilization or disposal actions for the 

property, the report shall be returned and the holding agency shall be 

informed of the facts and circumstances that required the return of the 

report. The holding agency promptly shall take such action as may be 

appropriate to submit an acceptable report to GSA. Should the holding 

agency be unable to submit an acceptable report, the property shall be 

removed from under the provisions of Sec. 101-47.402-2.

Sec. 101-47.203 Utilization.

Sec. 101-47.203-1 Reassignment of real property by the agencies.

 Each executive agency shall, as far as practicable and within the 

policies expressed in this Subpart 101-47.2, make reassignments of real 

property and related personal property under its control and jurisdiction 

among activities within the agency in lieu of acquiring such property from 

other sources.

 

 [42 FR 40698, Aug. 11, 1977]

Sec. 101-47.203-2 Transfer and utilization.

 Each executive agency shall, as far as practicable and within the 

policies expressed in this Subpart 101-47.2, transfer excess real property 

under its control to other Federal agencies and to the organizations 

specified in Sec. 101-47.203-7, and shall fulfill its requirements for real 

property by obtaining excess real property from other Federal agencies. 

Transfers of property shall be made in accordance with the provisions of 

this subpart.

 

 [42 FR 40698, Aug. 11, 1977]

Sec. 101-47.203-3 Notification of agency requirements.

 Each executive agency shall notify the proper GSA regional office 

whenever real property is needed for an authorized program of the agency. 

The notice shall state the land area of the property needed, the preferred 

location or suitable alternate locations, and describe the type of property 

needed in sufficient detail to enable GSA to review its records of property 

that it knows will be reported excess by holding agencies, its inventory of 

excess property, and its inventory of surplus property, to ascertain whether 

any such property may be suitable for the needs of the agency. The agency 

shall be informed promptly by the GSA regional office as to whether or 

not any such property is available.

 

 [33 FR 571, Jan. 17, 1968]

Sec. 101-47.203-4 Real property excepted from reporting.

 Agencies having transferable excess real property and related personal 

property in the categories excepted from reporting by Sec. 101-47.202-4 

shall, before disposal, satisfy themselves in a manner consistent with the 

provisions of this section that such property is not needed by other 

Government agencies.

Sec. 101-47.203-5 Screening of excess real property.

 Excess real property and related personal property reported by 

executive agencies shall, unless such screening is waived, be screened by 

GSA for utilization by Federal real property holding agencies (listed in 

Sec. 101- 47.4907), which may reasonably be expected to have use for 

the property as follows:

 (a) Notices of availability will be submitted to each such agency which 

shall, within 30 calendar days from the date of notice, advise GSA if there 

is a firm requirement or a tentative requirement for the property. Agencies 

having tentative or firm requirements for surplus Federal real property for 

replacement housing for displaced persons, as authorized by section 218 

of the Uniform Relocation Assistance and Real Property Acquisition 

Policies Act of 1970 (84 Stat. 1902), shall review these notices for the 

additional purpose of identifying properties for which they may have such 

a requirement. When such a requirement exists, the agency shall so advise 

the appropriate GSA regional office.

 (1) In the event a tentative requirement exists, the agency shall, within 

an additional 30 calendar days, advise GSA if there is a firm requirement.

 (2) Within 60 calendar days after advice to GSA that a firm 

requirement exists, the agency shall furnish GSA a request for transfer of 

the property pursuant to Sec. 101-47.203-7.

 (b) Notices of availability for information of the Secretary of Health 

and Human Services and the Secretary of Education in connection with 

the exercise of the authority vested under the provisions of section 

203(k)(1) of the Act, and for information of the Secretary of the Interior 

in connection with the exercise of the authority vested under the 

provisions of section 203(k)(2) of the Act or a possible determination 

under the provisions of section 203(k)(3) of the Act, will be sent to the 

offices designated by the Secretaries to serve the areas in which the 

properties are located. Similar notices of availability for information of 

the Attorney General in connection with a possible determination under 

the provisions of section 203(p)(1) of the Act, and for information of the 

Secretary of Transportation in connection with the exercise of the 

authority vested under the provisions of section 203(q) of the Act, will be 

respectively sent to the Office of Justice Programs, Department of Justice, 

and the Maritime Administration, Department of Transportation.

 (c) The Departments of Health and Human Services, Education, 

Interior, Justice, and Transportation shall not attempt to interest a local 

applicant in a property until it is determined surplus, except with the prior 

consent of GSA on a case-by-case basis or as otherwise agreed upon. 

When such consent is obtained, the local applicant shall be informed that 

consideration of the application is conditional upon the property being 

determined surplus to Federal requirements and made available for the 

purposes of the application. However, these Departments are encouraged 

to advise the appropriate GSA regional office of those excess properties 

which are suitable for their programs.

 (d) Concurrently with the 30-day Federal agency use screening period, 

those Federal agencies that sponsor public benefit disposals at less than 

fair market value as permitted by the statutory authorities in Sec. 101-

47.4905 may provide the disposal agency with a recommendation, 

together with a brief supporting rationale, as illustrated in Sec. 101-

47.4909, that the highest and best use of the property is for a specific 

public benefit purpose. The recommendation may be made by the agency 

head, or designee, and will be considered by the disposal agency in its 

final highest and best use analysis and determination. After a 

determination of surplus has been made, if the disposal agency agrees 

with a sponsoring Federal agency that the highest and best use of a 

particular property is for a specific public benefit purpose, local public 

bodies will be notified that the property is available for that use.

 

 [29 FR 16126, Dec. 3, 1964, as amended at 36 FR 11438, June 12, 

1971; 47 FR 37175, Aug. 25, 1982; 49 FR 37091, Sept. 21, 1984; 52 

FR 9832, Mar. 27, 1987; FMPR Amdt. H-192, 60 FR 35706, July 11, 

1995]

 

Sec. 101-47.203-6 Designation as personal property.

 (a) Prefabricated movable structures such as Butler-type storage 

warehouses, quonset huts, and housetrailers (with or without 

undercarriages) reported to GSA with the land on which they are located 

may, in the discretion of GSA, be designated for disposition as personal 

property for off-site use.

 (b) Related personal property may, in the discretion of the disposal 

agency, be designated for disposition as personal property. Consideration 

of such designation shall be given particularly to items having possible 

historic or artistic value to ensure that Federal agencies, including the 

Smithsonian Institution (see Sec. 101-43.302), are afforded the 

opportunity of obtaining them through personal property channels for offsite use for preservation and display. Fixtures such as murals and fixed 

sculpture which have exceptional historical or artistic value may be 
41 CFR Part 101-47: Federal Property Management Regulations

E-10 December 1997

designated for disposition by severance for off-site use. In making such 

designations, consideration shall be given to such factors as whether the 

severance can be accomplished without seriously affecting the value of the 

realty and whether a ready disposition can be made of the severed fixtures.

 (c) When a structure is to be demolished, any fixtures or related 

personal property therein may, at the discretion of the disposal agency, be 

designated for disposition as personal property where a ready disposition 

can be made of these items through such action. As indicated in paragraph 

(b) of this section, particular consideration should be given to designating 

items of possible historical or artistic value as personal property in such 

instances.

 [34 FR 8166, May 24, 1969]

Sec. 101-47.203-7 Transfers.

 (a) The agency requesting transfer of excess real property and related 

personal property reported to GSA shall prepare and submit to the proper 

GSA regional office GSA Form 1334, Request for Transfer of Excess 

Real and Related Personal Property (Sec. 101-47.4904). Instructions for 

the preparation of GSA Form 1334 are set forth in Sec. 101-47.4904-1.

 (b) Upon determination by GSA that a transfer of the property 

requested is in the best interest of the Government and that the requesting 

agency is the appropriate agency to hold the property, the transfer may be 

made among Federal agencies, to mixed-ownership Government 

corporations, and to the municipal government of the District of 

Columbia.

 (c) [Reserved]

 (d) Transfers of property to executive agencies shall be made when the 

proposed land use is consistent with the policy of the Administrator of 

General Services as prescribed in Sec. 101-47.201-1 and the policy 

guidelines prescribed in Sec. 101-47.201-2. In determining whether a 

proposed transfer should be approved under the policy guidelines, GSA 

and OMB may consult informally to obtain all available data concerning 

actual program needs for the property.

 (e) GSA will execute or authorize all approved transfers to the 

requesting agency of property reported to GSA. Agencies may transfer 

without reference to GSA excess real property which is not reported to 

GSA under the provisions of Sec. 101-47.202-4(b) (1), (2), and (4). 

However, such transfers shall be made in accordance with the principles 

set forth in this section.

 (f) Pursuant to an agreement between the Director, Office of 

Management and Budget, and the Administrator of General Services, 

reimbursement for transfers of excess real property is prescribed as 

follows:

 (1) Where the transferor agency has requested the net proceeds of the 

transfer pursuant to section 204 (c) of the Act, or where either the 

transferor or transferee agency (or organizational unit affected) is subject 

to the Government Corporation Control Act (31 U.S.C. 841) or is a 

mixed- ownership Government corporation, or the municipal government 

of the District of Columbia, reimbursement for the transfer shall be in an 

amount equal tothe estimated fair market value of the property requested 

as determined by the Administrator: Provided, That where the transferor 

agency is a wholly owned Government corporation, the reimbursement 

shall be either in an amount equal to the estimated fair market value of the 

property requested, or the corporation's book value thereof, as may be 

agreed upon by GSA and the corporation.

 (2) Reimbursement for all other transfers of excess real property shall 

be:

 (i) In an amount equal to 100 percent of the estimated fair market value 

of the property requested, as determined by the Administrator, or if the 

transfer is for the purpose of upgrading facilities (i.e., for the purpose of 

replacing other property of the transferee agency which because of the 

location, nature, or condition thereof, is less efficient for use), the 

reimbursement shall be in an amount equal to the difference between the 

estimated fair market value of the property to be replaced and the 

estimated fair market value of the property requested, as determined by 

the Administrator.

 (ii) Without reimbursement when the transfer is to be made under either 

of the following conditions:

 (A) Congress has specifically authorized the transfer without 

reimbursement, or

 (B) The Administrator with the approval of the Director, Office of 

Management and Budget, has approved a request for an exception from 

the 100 percent reimbursement requirement.

 (1) A request for exception from the 100 percent reimbursement 

requirement shall be endorsed by the head of the executive department or 

agency requesting the exception.

 (2) A request for exception from the 100 percent reimbursement 

requirement will be submitted to GSA for referral to the Director, Office 

of Management and Budget, and shall include an explanation of how 

granting the exception would further essential agency program objectives 

and at the same time be consistent with Executive Order 12348, dated 

February 25, 1982. The unavailability of funds alone is not sufficient to 

justify an exception. The above required data and documentation shall be 

attached to GSA Form 1334 by the transferee agency on submission of 

that form to GSA.

 (3) If the Administrator with the approval of the Director, Office of 

Management and Budget, approves the request for an exception, the 

Administrator may then complete the transfer. A copy of the Office of 

Managment and Budget approval will be sent to the Property Review 

Board.

 (4) The agency requesting the exception will assume responsibility for 

protection and maintenance costs where the disposal of the property is 

deferred for more than 30 days because of the consideration of the request 

for an exception to the 100 percent reimbursement requirement.

 (g) Excess property may be transferred to the Senate, the House of 

Representatives, and the Architect of the Capitol and any activities under 

his direction, pursuant to the provisions of section 602(e) of the Act. The 

amount of reimbursement for such transfer shall be the same as would be 

required for a transfer of excess property to an executive agency under 

similar circumstances.

 (h) The transferor agency shall provide to the transferee agency all 

information held by the transferor concerning hazardous substance 

activity as outlined in Sec. 101-47.202-2.

 

 [29 FR 16126, Dec. 3, 1964, as amended at 37 FR 5029, Mar. 9, 1972; 

40 FR 12078, Mar. 17, 1975; 42 FR 40698, Aug. 11, 1977; 47 FR 

56499, Dec. 17, 1982; 49 FR 29222, July 19, 1984; FTR Amdt. 16, 56 

FR 15048, Apr. 15, 1991]

 

Sec. 101-47.203-8 Temporary utilization.

 (a) Whenever GSA determines that the temporary assignment or 

reassignment to a Federal agency of any space in excess real property for 

office, storage, or related facilities would be more advantageous than the 

permanent transfer of the property to a Federal agency, it will execute or 

authorize such assignment or reassignment for such period of time as it 

shall determine. The agency to which the space is made available shall 

make appropriate reimbursement for the expense of maintaining such 

space in the absence of appropriation available to GSA therefor.

 (b) GSA may approve the temporary assignment or reassignment to a 

Federal agency of excess real property other than space for office, storage, 

or related facilities whenever such action would be in the best interest of 

the Government. In such cases, the agency to which the property is made 

available may be required to pay a rental or users charge based upon the 

fair value of such property, as determined by GSA. Where such property 

will be required by the agency for a period of more than 1 year, it may be 

transferred on a conditional basis, with an understanding that the property 

will be reported excess at a time agreed upon when the transfer is 

arranged (see Sec. 101- 47.201-2(d)(7)).

Sec. 101-47.203-9 Non-Federal interim use of property.

 The holding agency may, with the approval of GSA, grant rights for 

non- Federal interim use of excess property reported to GSA, or portions 

thereof, when it is determined that such interim use is not required for the 

needs of any Federal agency.
DoD Base Reuse Implementation Manual

December 1997 E-11

Sec. 101-47.203-10 Withdrawals.

 Subject to the approval of GSA, and to such conditions as GSA 

considers appropriate, reports of excess real property may be withdrawn in 

whole or in part by the reporting agency at any time prior to transfer to 

another Federal agency or prior to the execution of a legally binding 

agreement for disposal as surplus property. Requests for withdrawals shall 

be addressed to the GSA regional office where the report of excess real 

property was filed. 

 [35 FR 17256, Nov. 6, 1970]

Sec. 101-47.204 Determination of surplus.

Sec. 101-47.204-1 Reported property.

 Any real property and related personal property reported excess under 

this Subpart 101-47.2 which has been screened for needs of Federal 

agencies or waived from such screening by GSA, and not been designated 

by GSA for utilization by a Federal agency, shall be subject to 

determination as surplus property by GSA.

 (a) The holding agency, the Secretary of Health and Human Services, 

the Secretary of Education, the Secretary of the Interior, the Attorney 

General, and the Secretary of Transportation will be notified of the date 

upon which determination as surplus becomes effective. Any Federal 

agency that has identified a property as being required for replacement 

housing for displaced persons under section 218 of the Uniform 

Relocation Assistance and Real Property Acquisition Policies Act of 1970 

will also be notified of the date upon which determination as surplus 

becomes effective. The Secretary of the Department of Energy will be 

notified when real property is determined surplus and advised of any 

known interest in the property for its use or development for energy 

facilities. Appropriate steps will be taken to ensure that energy site needs 

are considered along with other competing needs in the disposal of surplus 

real property, since such property may become available for use under 

sections 203(e)(3) (G) and (H) of the Act.

 (b) The notices to the Secretary of Health and Human Services, the 

Secretary of Education, the Secretary of the Interior, and the Secretary of 

Energy will be sent to the offices designated by them to serve the area in 

which the property is located. The notices to the Attorney General will be 

sent to the Office of Justice Programs, Department of Justice. The notices 

to the Secretary of Transportation will be sent to the Maritime 

Administration. The notices to the Federal agencies having a requirement 

pursuant to section 218 of the Uniform Relocation Assistance and Real 

Property Acquisition Policies Act of 1970 will be sent to the office 

making the request unless another office is designated.

 (c) With regard to surplus property which GSA predetermines will not 

be available for disposal under the above-mentioned programs, or 

whenever the holding agency has requested reimbursement of the net 

proceeds of disposition pursuant to section 204(c) of the Act, the notice to 

the affected department(s) will contain advice of such determination or 

request for reimbursement. The affected department(s) shall not screen 

for potential applicants for such property.

 

 [29 FR 16126, Dec. 3, 1964, as amended at 36 FR 8041, Apr. 29, 

1971; 47 FR 37175, Aug. 25, 1982; 52 FR 9832, Mar. 27, 1987; FMPR 

Amdt. H-192, 60 FR 35706, July 11, 1995]

 

Sec. 101-47.204-2 Property excepted from reporting.

 Any property not reported to GSA due to Sec. 101-47.202-4, and not 

designated by the holding agency for utilization by other agencies 

pursuant to the provisions of this Subpart 101-47.2, shall be subject to 

determination as surplus by the holding agency.

Subpart 101-47.3--Surplus Real Property Disposal

Sec. 101-47.300 Scope of subpart.

 This subpart prescribes the policies and methods governing the disposal 

of surplus real property and related personal property within the States of 

the Union, the District of Columbia, the Commonwealth of Puerto Rico, 

American Samoa, Guam, the Trust Territory of the Pacific Islands, and 

the Virgin Islands. This subpart does not apply to the abandonment, 

destruction, or donation to public bodies, under section 202(h) of the Act 

(covered by Subpart 101-47.5).

 

 [47 FR 4522, Feb. 1, 1982]

Sec. 101-47.301 General provisions of subpart.

Sec. 101-47.301-1 Policy.

 It is the policy of the Administrator of General Services:

 (a) That surplus real property shall be disposed of in the most 

economical manner consistent with the best interests of the Government.

 (b) That surplus real property shall ordinarily be disposed of for cash 

consistent with the best interests of the Government.

 (c) That surplus real property shall be disposed of by exchange for 

privately owned property only for property management considerations 

such as boundary realignment or provision of access or in those situations 

in which the acquisition is authorized by law, the requesting Federal 

agency has received approval from the Office of Management and Budget 

and clearance from its congressional oversight committees to acquire by 

exchange, and the transaction offers substantial economic or unique 

program advantages not otherwise obtainable by any other method of 

acquisition.

 [29 FR 16126, Dec. 3, 1964, as amended at 42 FR 47205, Sept. 20, 

1977; 42 FR 56123, Oct. 21, 1977]

Sec. 101-47.301-2 Applicability of antitrust laws.

 (a) In any case in which there is contemplated a disposal to any private 

interest of real and related personal property which has an estimated fair 

market value of $3,000,000 or more, or of patents, processes, techniques, 

or inventions, irrespective of cost, the disposal agency shall transmit 

promptly to the Attorney General notice of any such proposed disposal 

and the probable terms or conditions thereof, as required by section 207 of 

the Act, for his advice as to whether the proposed disposal would tend to 

create or maintain a situation inconsistent with antitrust laws, and no such 

real property shall be disposed of until such advice has been received. If 

such notice is given by any executive agency other than GSA, a copy of 

the notice shall be transmitted simultaneously to the office of GSA for the 

region in which the property is located.

 (b) Upon request of the Attorney General, GSA or any other executive 

agency shall furnish or cause to be furnished such information as it may 

possess which the Attorney General determines to be appropriate or 

necessary to enable him to give the requested advice or to determine 

whether any other disposition or proposed disposition of surplus real 

property violates or would violate any of the antitrust laws.

 

 [29 FR 16126, Dec. 3, 1964, as amended at 54 FR 12198, Mar. 24, 

1989]

Sec. 101-47.301-3 Disposals under other laws.

 Pursuant to section 602(c) of the act, disposals of real property shall not 

be made under other laws but shall be made only in strict accordance with 

the provisions of this Subpart 101-47.3 unless the Administrator of 

General Services, upon written application by the disposal agency, shall 

determine in each case that the provisions of any such other law, pursuant 

to which disposal is proposed to be made, are not inconsistent with the 

authority conferred by this Act. The provisions of this section shall not 

apply to disposals of real property authorized to be made by section 

602(d) of the act or by any special statute which directs or requires an 

executive agency named therein to transfer or convey specifically 

described real property in accordance with the provisions of such statute.

Sec. 101-47.301-4 Credit disposals and leases.

 Where credit is extended in connection with any disposal of surplus 

property, the disposal agency shall offer credit pursuant to the provisions 

of Sec. 101-47.304-4. The disposal agency shall administer and manage 

the credit lease, or permit and any security therefor and may enforce, 

adjust, or settle any right of the Government with respect thereto in such 
41 CFR Part 101-47: Federal Property Management Regulations

E-12 December 1997

manner and upon such terms as that agency considers to be in the best 

interests of the Government.

 

 [42 FR 47205, Sept. 20, 1977]

Sec. 101-47.302 Designation of disposal agencies.

Sec. 101-47.302-1 General.

 In accordance with applicable provisions of this Subpart 101-47.3, 

surplus real property shall be disposed of or assigned to the appropriate 

Federal department for disposal for public use purposes by the disposal 

agency.

 [36 FR 8042, Apr. 29, 1971]

Sec. 101-47.302-2 Holding agency.

 (a) The holding agency is hereby designated as disposal agency for:

 (1) Leases, permits, licenses, easements, and similar real estate interests 

held by the Government in non-Government-owned property (including 

Government-owned improvements located on the premises), except when 

it is determined by either the holding agency or GSA that the 

Government's interest will be best served by the disposal of such real 

estate interests together with other property owned or controlled by the 

Government, that has been or is being reported to GSA as excess; and

 (2) Fixtures, structures, and improvements of any kind to be disposed of 

without the underlying land with the exception of Government-owned 

machinery and equipment, which are fixtures being used by a contractoroperator, where such machinery and equipment will be sold to the 

contractor-operator.

 (3) Standing timber and embedded gravel, sand, stone and underground 

water to be disposed of without the underlying land.

 (b) GSA may act as the disposal agency for the type of property 

described in paragraphs (a)(1) and (2) of this section, whenever requested 

by the holding agency to perform the disposal functions. Where GSA acts 

as the disposal agency for the disposal of leases and similar real estate 

interests as described in paragraph (a)(1) of this section, the holding 

agency nevertheless shall continue to be responsible for the payment of the 

rental until the lease is terminated and for the payment of any restoration 

or other direct costs incurred by the Government as an incident to the 

termination. Likewise, where GSA acts as disposal agency for the 

disposal of fixtures, structures, and improvements as described in 

paragraph (a)(2) of this section, the holding agency nevertheless shall 

continue to be responsible for payment of any demolition and removal 

costs not offset by the sale of the property.

 

 [29 FR 16126, Dec. 3, 1964, as amended at 31 FR 2658, Feb. 11, 1966; 

31 FR 16780, Dec. 31, 1966; 33 FR 8737, June 14, 1968; 48 FR 12526, 

Mar. 25, 1983; 50 FR 28403, July 12, 1985]

Sec. 101-47.302-3 General Services Administration.

 GSA is the disposal agency for all real property and related personal 

property not covered by the above designations or by disposal authority 

delegated by the Administrator of General Services in specific instances.

Sec. 101-47.303 Responsibility of disposal agency.

Sec. 101-47.303-1 Classification.

 Each surplus property, or, if the property is subdivided, each unit of 

property shall be classified by the disposal agency to determine the 

methods and conditions applicable to the disposal of the property. 

Classification shall be according to the estimated highest and best use for 

the property. The property may be reclassified from time to time by the 

disposal agency or by GSA whenever such action is deemed appropriate.

Sec. 101-47.303-2 Disposals to public agencies.

 The disposal agency shall comply with the provisions of Executive 

Order 12372 and 41 CFR Subpart 101-6.21, which enables a State to 

establish the single point of contact process or other appropriate 

procedures to review and comment on the compatibility of a proposed 

disposal with State, regional and local development plans and programs. 

When a single point of contact transmits a State review process 

recommendation, the Federal agency receiving the recommendation must 

either accept the recommendation; reach a mutually agreeable solution 

with the party(s) preparing the recommendation; or provide the single 

point of contact with a written explanation for not accepting the 

recommendation or reaching a mutually agreeable solution. If there is 

nonaccommodation, the agency is generally required to wait 10 calendar 

days after receipt, by the single point of contact, of an explanation before 

taking final action. The single point of contact is presumed to have 

received written notification 5 calendar days after the date of mailing of 

such notification. The 10-day waiting period may be waived if the agency 

determines that because of unusual circumstances this delay is not 

feasible.

 (a) Whenever property is determined to be surplus, the disposal agency 

shall, on the basis of the information given in Sec. 101-47.4905, list the 

public agencies eligible under the provisions of the statutes referred to 

above to procure the property or portions thereof, except that such listing 

need not be made with respect to:

 (1) Any such property when the determination of the property as 

surplus is conditioned upon disposal limitations which would be 

inconsistent with disposal under the statutes authorizing disposal to 

eligible public agencies; or

 (2) Any such property having an estimated fair market value of less 

than $1,000 except where the disposal agency has any reason to believe 

that an eligible public agency may be interested in the property.

 (b) Before public advertising, negotiation, or other disposal action, the 

disposal agency shall give notice to eligible public agencies that the 

property has been determined surplus. Surplus real property may be 

procured by public agencies under the statutes cited in Sec. 101-47.4905. 

A notice to public agencies of surplus determination shall be prepared 

following the sample shown in Sec. 101-47.4906. This notice shall be 

transmitted by a letter prepared following the sample shown in Sec. 101-

47.4906-1. A copy of this notice shall also be sent simultaneously to the 

State single point of contact, under a covering letter prepared following 

the sample shown in Sec. 101-47.4906-2. The point of contact shall be 

advised that no final disposal action will be taken for 60 calendar days 

from the date of notification to allow time for the point of contact to 

provide any desired comments. The disposal agency will wait the full 60 

calendar days, even if the comments are received early, to allow time for 

the point of contact to send additional or revised comments.

 (1) Notice for property located in a State shall be given to the Governor 

of the State, to the county clerk or other appropriate officials of the county 

in which the property is located, to the mayor or other appropriate 

officials of the city or town in which the property is located, to the head of 

any other local governmental body known to be interested in and eligible 

to acquire the property, and to the point of contact established by the State 

or under other appropriate procedures established by the State.

 (2) Notice for property located in the District of Columbia shall be 

given to the Mayor of the District of Columbia and to the point of contact 

established by the District of Columbia or under other appropriate 

procedures established by the District of Columbia.

 (3) Notice for property located in the Virgin Islands shall be given to 

the Governor of the Virgin Islands and to the point of contact established 

by the Virgin Islands or under other appropriate procedures established by 

the Virgin Islands.

 (4) Notice for property located in the Commonwealth of Puerto Rico 

shall be given to the Governor of the Commonwealth of Puerto Rico and 

to the point of contact established by the Commonwealth of Puerto Rico 

or under other appropriate procedures established by the Commonwealth 

of Puerto Rico.

 (c) The notice prepared pursuant to Sec. 101-47.303-2(b) shall also be 

posted in the post office which serves the area in which the property is 

located and in other prominent places such as the State capitol building, 

county building, courthouse, town hall, or city hall. The notice to be 

posted in the post office shall be mailed to the postmaster with a request 

that it be posted. Arrangements for the posting of the notice in other 

prominent places shall be as provided for in the transmittal letters (see 

Sec. 101- 47.4906-1) to eligible public agencies.
DoD Base Reuse Implementation Manual

December 1997 E-13

 (d) A copy of the notice described in paragraph (b) of this section shall 

be furnished to the appropriate regional or field offices of (1) the National 

Park Service (NPS) and the Fish and Wildlife Service of the Department 

of the Interior and (2) the Federal Aviation Administration, the Federal 

Highway Administration, and the Maritime Administration of the 

Department of Transportation concerned with the disposal of property to 

public agencies under the statutes named in the notice.

 (e) In the case of property which may be made available for assignment 

to the Secretary of Health and Human Services (HHS), the Secretary of 

Education (ED) or the Secretary of the Interior for disposal under sections 

203(k)(1) or (k)(2) of the Act:

 (1) The disposal agency shall inform the appropriate offices of HHS, 

ED or the NPS 3 workdays in advance of the date the notice will be given 

to public agencies, to permit similar notice to be given simultaneously by 

HHS, ED or NPS to additional interested public bodies. HHS and ED 

shall furnish notice to eligible nonprofit institutions.

 (2) The disposal agency shall furnish the Departments with a copy of 

the postdated transmittal letter addressed to each public agency, copies 

(not to exceed 25) of the postdated notice, and a copy of the holding 

agency's Report of Excess Real Property (Standard Form 118, with 

accompanying schedules).

 (3) As of the date of the transmittal letter and notice to public agencies, 

the Departments may proceed with their screening functions for any 

potential applicants and thereafter may make their determinations of need 

and receive applications.

 (f) If the disposal agency is not informed within the 29-calendar-day 

period provided in the notice of the desire of a public agency to acquire 

the property under the provisions of the statutes listed in Sec. 101-

47.4905, or is not notified by ED or HHS of a potential educational or 

public health requirement, or is not notified by the Department of the 

Interior of a potential park or recreation requirement, or is not notified by 

the Department of Justice (DOJ) of a potential correctional facilities use, 

or is not notified by the Department of Transportation (DOT) of a 

potential port facility use; it shall be assumed that no public agency or 

nonprofit institution desires to procure the property. (The requirements of 

this Sec. 101-47.303-2(f) shall not apply to the procedures for making 

Federal surplus real property available to assist the homeless in 

accordance with Section 501 of the Stewart B. McKinney Homeless 

Assistance Act, as amended (42 U.S.C. 11411).)

 (g) The disposal agency shall promptly review each response of a 

public agency to the notice given pursuant to paragraph (b) of this section. 

The disposal agency shall determine what constitutes a reasonable period 

of time to allow the public agency to develop and submit a formal 

application for the property or its comments as to the compatibility of the 

disposal with its development plans and programs. When making such 

determination, the disposal agency shall give consideration to the potential 

suitability of the property for the use proposed, the length of time the 

public agency has stated it will require for its action, the protection and 

maintenance costs to the Government during such length of time, and any 

other relevant facts and circumstances. The disposal agency shall 

coordinate such review and determination with the proper office of any 

interested Federal agencies listed below:

 (1) National Park Service, Department of the Interior;

 (2) Department of Health and Human Services;

 (3) Department of Education;

 (4) Federal Aviation Administration, Department of Transportation;

 (5) Fish and Wildlife Service, Department of the Interior;

 (6) Federal Highway Administration, Department of Transportation;

 (7) Office of Justice Programs, Department of Justice; and

 (8) Maritime Administration, Department of Transportation.

 (h) When the disposal agency has made a determination as to what 

constitutes a reasonable period of time to develop and submit a formal 

application, the public agency shall be so notified. The public agency 

shall be advised of the information required in connection with an 

application to procure the property.

 (i) Upon receipt of the formal application for the property, the disposal 

agency shall consider and act upon it in accordance with the provisions of 

the statute and applicable regulations. If comments are received indicating 

that the disposal is incompatible with State, regional, or local 

development plans and programs, the disposal agency shall attempt to 

resolve the differences consistent with its statutory responsibilities in the 

disposal of surplus property.

 

 [29 FR 16126, Dec. 3, 1964, as amended at 34 FR 11209, July 3, 1969; 

35 FR 8486, June 2, 1970; 36 FR 9776, May 28, 1971; 40 FR 22256, 

May 22, 1975; 52 FR 9829, Mar. 27, 1987; FMPR Amdt. H-192, 60 FR 

35707, July 11, 1995]

Sec. 101-47.303-2a Notice for zoning purposes.

 (a) Where the surplus land is located in an urban area as defined in 

section 806 of the Act, that copy of the notice to public agencies required 

under Sec. 101-47.303-2(b) which is sent to the head of the local 

governmental unit having jurisdiction over zoning and land use regulation 

in the area shall be accompanied by a copy of section 803 of the Act (see 

Sec. 101-47.4906a) and the transmittal letter in such instances shall 

include an additional paragraph requesting information concerning zoning 

as set forth in Sec. 101-47.4906b.

 (b) Information which is furnished by the unit of general local 

government pursuant to the action taken in paragraph (a) of this section 

shall be included in Invitations for Bid in advertised sales. In negotiated 

sales, this information shall be presented to prospective purchasers during 

the course of the negotiations and shall be included in the sales 

agreements. In either instance, this information shall be followed by a 

written statement, substantially as follows:

 

 The above information was obtained from --------------- and is furnished 

pursuant to section 803 of the Federal Property and Administrative 

Services Act of 1949, as amended. The Government does not guarantee 

that the information is necessarily accurate or will remain unchanged. 

Any inaccuracies or changes in the above information shall not be cause 

for adjustment or rescission of any contract resulting from this Invitation 

for Bid or Sales Agreement.

 

 (c) If no response to a request for such zoning information is received, 

the property may be offered for sale without furnishing such information 

to prospective purchasers. If the unit of general local government notifies 

the disposal agency of its desire to zone the property, it shall be afforded a 

30-calendar-day period (in addition to the 20-calendar days afforded in 

the notice of surplus determination) to issue such zoning regulations. If 

the zoning cannot be accomplished within this time frame, the sale may 

proceed but the prospective purchasers shall be advised of the pending 

zoning of the property.

 

 [34 FR 11209, July 3, 1969]

Sec. 101-47.303-3 Studies.

 The disposal agency shall compile from the title documents and related 

papers appropriate information, for use in disposal actions, regarding all 

real property and related personal property available for disposal.

Sec. 101-47.303-4 Appraisal.

 (a) Except as otherwise provided in this subpart 101-47.3, the disposal 

agency shall in all cases obtain, as appropriate, an appraisal of either the 

fair market value or the fair annual rental value of property available for 

disposal.

 (b) No appraisal need be obtained.

 (1) When the property is to be disposed of without monetary 

consideration, or at a fixed price, or

 (2) When the estimated fair market value of property to be offered on a 

competitive sale basis does not exceed $50,000; Provided, however, That 

the exception in paragraph (b)(1) of this section shall not apply to 

disposals that take any public benefit purpose into consideration in fixing 

the sale value of the property.

 (3) The estimated fair market value of property to be offered on a

 competitive sale basis does not exceed $10,000.

 (c) The disposal agency shall have the property appraised by 

experienced and qualified persons familiar with the types of property to be 

appraised by them. Any person engaged to collect or evaluate information 
41 CFR Part 101-47: Federal Property Management Regulations

E-14 December 1997

pursuant to this subsection shall certify that he has no interest, direct or 

indirect, in the property which would conflict in any manner with the 

preparation and submission of an impartial appraisal report.

 

 [29 FR 16126, Dec. 3, 1964, as amended at 34 FR 16545, Oct. 16, 

1969; 55 FR 41189, Oct. 10, 1990]

Sec. 101-47.304 Advertised and negotiated disposals.

Sec. 101-47.304-1 Publicity.

 (a) The disposal agency shall widely publicize all surplus real property 

and related personal property which becomes available for disposal 

hereunder, giving information adequate to inform interested persons of the 

general nature of the property and its possible uses, as well as any 

reservations, restrictions, and conditions imposed upon its disposal.

 (b) A condensed statement of proposed sales of surplus real property by 

advertising for competitive bids, except where the estimated fair market 

value of the property is less than $2,500, shall be prepared and submitted, 

for inclusion in the U.S. Department of Commerce publication 

"Commerce Business Daily," to: U.S. Department of Commerce (SSynopsis), Room 1300, 433 West Van Buren Street, Chicago, Illinois 

60604.

Sec. 101-47.304-2 Soliciting cooperation of local groups.

 The disposal agency may consult with local groups and organizations 

and solicit their cooperation in giving wide publicity to the proposed 

disposal of the property.

Sec. 101-47.304-3 Information to interested persons.

 The disposal agency shall, upon request, supply to bona fide potential 

purchasers and lessees adequate preliminary information, and, with the 

cooperation of the holding agency where necessary, shall render such 

assistance to such persons as may enable them, insofar as feasible, to 

obtain adequate information regarding the property. The disposal agency 

shall establish procedures so that all persons showing due diligence are 

given full and complete opportunity to make an offer.

Sec. 101-47.304-4 Invitation for offers.

 In all advertised and negotiated disposals, the disposal agency shall 

prepare and furnish to all prospective purchasers or lessees written 

invitations to make an offer, which shall contain or incorporate by 

reference all the terms and conditions under which the property is offered 

for disposal, including all provisions required by statute to be made a part 

of the offer. The invitation shall further specify the form of the disposal 

instrument, which specifications shall be in accordance with the 

appropriate provisions of Secs. 101-47.307-1 and 101-47.307-2.

 (a) When the disposal agency has determined that the sale of specific 

property on credit terms is necessary to avoid retarding the salability of 

the property and the price obtainable, the invitation shall provide for 

submission of offers on the following terms:

 (1) Offers to purchase of less than $2,500 shall be for cash.

 (2) When the purchase price is $2,500 or more but less than $10,000, a 

cash downpayment of not less than 25 percent shall be required with the 

balance due in 8 years or less.

 (3) When the purchase price is $10,000 or more, a cash downpayment 

of not less than 20 percent shall be required with the balance due in 10 

years or less.

 (4) The purchaser shall furnish a promissory note secured by the 

purchase money mortgage or deed of trust on the property, whichever the 

Government determines to be appropriate.

 (5) Payment will be in equal quarter-annual installments of the 

principal together with interest on the unpaid balance.

 (6) Interest on the unpaid balance will be at the General Services 

Administration's established interest rate.

 (b) Where the disposal agency has determined that an offering of the 

property on credit terms that do not meet the standards set forth in Sec. 

101-47.304-4(a) is essential to permit disposal of the property in the best 

interests of the Government, the invitation may provide for submission of 

offers on such alternate terms of payment as may be recommended by the 

disposal agency and approved by the Administrator of General Services 

on the basis of a detailed written statement justifying the need to deviate 

from the standard terms. The justification shall be based on the needs of 

the Federal Government as distinguished from the interests of the 

purchaser. The sale in those cases where the downpayment is less than 20 

percent shall, unless otherwise authorized by the Administrator of General 

Services, be under a land contract which shall provide, in effect, for 

conveyance of title to the purchaser by quitclaim deed or other form of 

conveyance in accordance with the appropriate provisions of Secs. 101-

47.307-1 and 101-47.307-2 upon payment of one-third of the total 

purchase price and accrued interest, or earlier if the Government so elects, 

and execution and delivery of purchaser's note and purchase money 

mortgage (or bond and deed of trust) satisfactory to the Government, to 

secure payment of the unpaid balance of the purchase price.

 (c) The disposal agency may increase the cash downpayment 

requirement or shorten the period of amortization whenever circumstances 

warrant and in the case of sales of farms, may provide for payment of the 

unpaid balance on equal semiannual or annual installment basis.

 (d) Where a sale is to be made on credit, the invitation shall provide 

that the purchaser agrees by appropriate provisions to be incorporated in 

the disposal instruments that he will not lease (unless the property was 

offered without leasing restrictions by the Government) or sell the 

property, or any part thereof or interest therein, without prior written 

authorization of the Government.

 (1) In appropriate cases, except as provided in Sec. 101-47.304-

4(d)(2), the invitation shall state that the disposal instrument may include 

provisions specifically authorizing leasing and/or resale and release of 

portions of the property as desired by the purchaser, provided that such 

provisions shall, in the judgment of the Government, be adequate to 

protect its security for the credit extended to the purchaser.

 (2) In the case of timber or mineral lands, or lands containing other 

saleable products, the invitation shall state that the disposal instrument 

may specifically provide for granting future partial releases to permit the 

resale of timber, minerals, and other saleable products, or authorize the 

leasing of mineral rights, upon payment to the Government of such 

amounts as may be required by the Government but not less than the 

proceeds of any sale or lease less such amounts as may be determined by 

the Government to represent the cost of the sale or lease.

 (3) All payments for such authorizations and/or releases shall, at the 

option of the Government, be applied against the unpaid balance of the 

indebtedness in inverse order of its maturity, or upon any delinquent 

installments of principal and interest, or used for payments of any 

delinquent taxes or insurance premiums.

 (e) Where property is offered for disposal under a land contract or 

lease, the terms and conditions contained in the invitation shall provide 

that the purchaser or lessee will be required to pay to the proper taxing 

authorities or to the disposal agency, as may be directed, all taxes, 

payments in lieu of taxes (in the event of the existence or subsequent 

enactment of legislation authorizing such payments), assessments or 

similar charges which may be assessed or imposed on the property, or 

upon the occupier thereof, or upon the use or operation of the property 

and to assume all costs of operating obligations.

 (f) Whenever property is offered for sale on credit terms or for lease, the 

terms and conditions contained in the invitation shall provide that the 

purchaser or lessee shall procure and maintain at his expense during the 

term credit is extended, or the period of the lease, such insurance in such 

amounts as may be required by the Government; required insurance shall 

be in companies acceptable to the Government and shall include such 

terms and provisions as may be required to provide coverage satisfactory 

to the Government.

 

 [29 FR 16126, Dec. 3, 1964, as amended at 33 FR 12003, Aug. 23, 

1968; 42 FR 47205, Sept. 20, 1977]

Sec. 101-47.304-5 Inspection.

 All persons interested in the acquisition of surplus property available 

for disposal under this Subpart 101-47.3 shall, with the cooperation of the 

holding agency, where necessary, and with due regard to its program 

activities, be permitted to make a complete inspection of such property, 
DoD Base Reuse Implementation Manual

December 1997 E-15

including any available inventory records, plans, specifications, and 

engineering reports made in connection therewith, subject to any 

necessary restrictions in the interest of national security and subject to 

such rules as may be prescribed by the disposal agency.

 

 (See Sec. 101-47.304-13 and Sec. 101-47.403.)

 

 [53 FR 29894, Aug. 9, 1988]

Sec. 101-47.304-6 Submission of offers.

 All offers to purchase or lease shall be in writing, accompanied by any 

required earnest money deposit, using the form prescribed by the disposal 

agency and, in addition to the financial terms upon which the offer is 

predicated, shall set forth the willingness of the offeror to abide by the 

terms, conditions, reservations, and restrictions upon which the property is 

offered, and shall contain such other information as the disposal agency 

may request.

Sec. 101-47.304-7 Advertised disposals.

 (a) All disposals or contracts for disposal of surplus property, except as 

provided in Secs. 101-47.304-9 and 101-47.304-10, shall be made after 

publicly advertising for bids.

 (1) The advertising for bids shall be made at such time previous to the 

disposal or contract, through such methods and on such terms and 

conditions as shall permit that full and free competition which is 

consistent with the value and nature of the property involved. The 

advertisement shall designate the place to which the bids are to be 

delivered or mailed, and shall state the place, date, and time of public 

opening.

 (2) All bids shall be publicly disclosed at the time and place stated in 

the advertisement.

 (3) Award shall be made with reasonable promptness by notice to the 

responsible bidder whose bid, conforming to the invitation for bids, will be 

most advantageous to the Government, price and other factors considered: 

Provided, That all bids may be rejected when it is in the public interest to 

do so.

 (b) Disposal and contracts for disposal of surplus property may be 

made through contract auctioneers when authorized by GSA. The 

auctioneer retained under contract shall be required to publicly advertise 

for bids in accordance with the applicable provisions of this Sec. 101-

47.304-7.

Sec. 101-47.304-8 [Reserved]

Sec. 101-47.304-9 Negotiated disposals.

 (a) Disposal agencies shall obtain such competition as is feasible under 

the circumstances in all negotiations of disposals and contracts for 

disposal of surplus property. They may dispose of surplus property by 

negotiation only in the following situations:

 (1) When the estimated fair market value of the property involved does 

not exceed $15,000;

 (2) When bid prices after advertising therefor are not reasonable (either 

as to all or some part of the property) or have not been independently 

arrived at in open competition;

 (3) When the character or conditions of the property or unusual 

circumstances make it impractical to advertise publicly for competitive 

bids and the fair market value of the property and other satisfactory terms 

of disposal can be obtained by negotiation;

 (4) When the disposals will be to States, Commonwealth of Puerto 

Rico, possessions, political subdivisions thereof, or tax-supported agencies 

therein, and the estimated fair market value of the property and other 

satisfactory terms of disposal are obtained by negotiation; or

 (5) When negotiation is otherwise authorized by the Act or other law, 

such as:

 (i) Disposals of power transmission lines for public or cooperative 

power projects (see Sec. 101-47.308-1).

 (ii) Disposals for public airport utilization (see Sec. 101-47.308-2).

 (b) Appraisal data required pursuant to the provisions of Sec. 101-

47.303- 4, when needed for the purpose of conducting negotiations under 

Sec. 101- 47.304-9(a) (3), (4), or (5)(i) shall be obtained under 

contractual arrangements with experienced and qualified real estate 

appraisers familiar with the types of property to be appraised by them: 

Provided, however, That in any case where the cost of obtaining such data 

from a contract appraiser would be out of proportion to the expected 

recoverable value of the property, or if for any other reason employing a 

contract appraiser would not be in the best interest of the Government, the 

head of the disposal agency or his designee should authorize any other 

method of obtaining an estimate of the fair market value of the property or 

the fair annual rental he may deem to be proper.

 (c) Negotiated sales to public bodies under 40 U.S.C. 484(e)(3)(H) will 

be considered only when the disposal agency has made a determination 

that a public benefit will result from the negotiated sale which would not 

be realized from a competitive sale disposal. The offer to purchase and the 

conveyance document concerning such negotiated sales shall contain an 

excess profits covenant. A standard Excess Profits Covenant for 

Negotiated Sales to Public Bodies is illustrated in Sec. 101-47.4908. The 

standard covenant is provided as a guide, and appropriate modifications 

may be made provided that its basic purpose is retained. The disposal 

agency shall monitor the property involved and inspect records related 

thereto as necessary to ensure compliance with the terms and conditions of 

the sale and may take any actions which it deems reasonable and prudent 

to recover any excess profits realized through the resale of the property.

 (d) The annual report of the Administrator under section 212 of the Act 

shall contain or be accompanied by a listing and description of any 

negotiated disposals of surplus real property having an estimated fair 

market value of over $15,000, other than disposals for which an 

explanatory statement has been transmitted under Sec. 101-47.304-12.

 

 [29 FR 16126, Dec. 3, 1964, as amended at 40 FR 22256, May 22, 

1975; 51 FR 23760, July 1, 1986; 54 FR 12198, Mar. 24, 1989]

Sec. 101-47.304-10 Disposals by brokers.

 Disposals and contracts for disposal of surplus property through 

contract realty brokers, where authorized by GSA, shall be made in the 

manner followed in similar commercial transactions. Realty brokers 

retained under contracts shall be required to give wide public notice of 

availability of the property for disposal.

Sec. 101-47.304-11 Documenting determinations to negotiate.

 The disposal agency shall document the factors leading to and the 

determination justifying disposal by negotiation of any surplus property 

under Secs. 101-47.304-9 and 101-47.304-10, and shall retain such 

documentation in the files of the agency.

Sec. 101-47.304-12 Explanatory statements.

 (a) Subject to the exception stated in Sec. 101-47.304-12(b), the 

disposal agency shall prepare an explanatory statement, as required by 

section 203(e)(6) of the Act, of the circumstances of each of the following 

proposed disposals by negotiation:

 (1) Any real property that has an estimated fair market value in excess 

of $100,000, except that any real property disposed of by lease or 

exchange shall only be subject to paragraphs (a) (2) through (4) of this 

section;

 (2) Any real property disposed of by lease for a term of 5 years or less; 

if the estimated fair annual rent is in excess of $100,000 for any of such 

years;

 (3) Any real property disposed of by lease for a term of more than 5 

years, if the total estimated rent over the term of the lease is in excess of 

$100,000; or

 (4) Any real property or real and related personal property disposed of 

by exchange, regardless of value, or any property any part of the 

consideration for which is real property.

 (b) No explanatory statement need be prepared for a disposal of 

property authorized to be disposed of without advertising by any provision 

of law other than section 203(e) of the Act.

 (c) An outline for the preparation of the explanatory statement is shown 

in Sec. 101-47.4911. A copy of the statement shall be preserved in the 

files of the disposal agency.
41 CFR Part 101-47: Federal Property Management Regulations

E-16 December 1997

 (d) Each explanatory statement when prepared shall be submitted to the 

Administrator of General Services for review and transmittal by the 

Administrator of General Services by letters to the Committees on 

Government Operations and any other appropriate committees of the 

Senate and House of Representatives. The submission to the 

Administrator of General Services shall include such supporting data as 

may be relevant and necessary for evaluating the proposed action.

 (e) Copies of the Administrator of General Services' transmittal letters 

to the committees of the Congress, Sec. 101-47.304-12(d), will be 

furnished to the disposal agency.

 (f) In the absence of adverse comment by an appropriate committee or 

subcommittee of the Congress on the proposed negotiated disposal, the 

disposal agency may consummate the sale on or after 35 days from the 

date of the Administrator of General Services letters transmitting the 

explanatory statement to the committees.

 

 [29 FR 16126, Dec. 3, 1964, as amended at 41 FR 22354, June 3, 

1976; 54 FR 12198, Mar. 24, 1989]

Sec. 101-47.304-13 Provisions relating to asbestos.

 Where the existence of asbestos on the property has been brought to the 

attention of the disposal agency by the Standard Form 118 information 

provided in accordance with Sec. 101-47.202-2)(b)(9), the disposal 

agency shall incorporate such information (less any cost or time estimates 

to remove the asbestos-containing materials) in any Invitation for 

Bids/Offers to Purchase and include the following:

 

Notice of the Presence of Asbestos--Warning!

 

 (a) The Purchaser is warned that the property offered for sale contains 

asbestos-containing materials. Unprotected or unregulated exposures to 

asbestos in product manufacturing, shipyard, and building construction 

workplaces have been associated with asbestos-related diseases. Both the 

Occupational Safety and Health Administration (OSHA) and the 

Environmental Protection Agency (EPA) regulate asbestos because of the 

potential hazards associated with exposure to airborne asbestos fibers. 

Both OSHA and EPA have determined that such exposure increases the 

risk of asbestos-related diseases, which include certain cancers and which 

can result in disability or death.

 (b) Bidders (Offerors) are invited, urged and cautioned to inspect the 

property to be sold prior to submitting a bid (offer). More particularly, 

bidders (offerors) are invited, urged and cautioned to inspect the property 

as to its asbestos content and condition and any hazardous or 

environmental conditions relating thereto. The disposal agency will assist 

bidders (offerors) in obtaining any authorization(s) which may be required 

in order to carry out any such inspection(s). Bidders (Offerors) shall be 

deemed to have relied solely on their own judgment in assessing the 

overall condition of all or any portion of the property including, without 

limitation, any asbestos hazards or concerns.

 (c) No warranties either express or implied are given with regard to the 

condition of the property including, without limitation, whether the 

property does or does not contain asbestos or is or is not safe for a 

particular purpose. The failure of any bidder (offeror) to inspect, or to be 

fully informed as to the condition of all or any portion of the property 

offered, will not constitute grounds for any claim or demand for 

adjustment or withdrawal of a bid or offer after its opening or tender.

 (d) The description of the property set forth in the Invitation for Bids 

(Offer to Purchase) and any other information provided therein with 

respect to said property is based on the best information available to the 

disposal agency and is believed to be correct, but an error or omission, 

including but not limited to the omission of any information available to 

the agency having custody over the property and/or any other Federal 

agency, shall not constitute grounds or reason for nonperformance of the 

contract of sale, or any claim by the Purchaser against the Government 

including, without limitation, any claim for allowance, refund, or 

deduction from the purchase price.

 (e) The Government assumes no liability for damages for personal 

injury, illness, disability or death, to the Purchaser, or to the Purchaser's 

successors, assigns, employees, invitees, or any other person subject to 

Purchaser's control or direction, or to any other person, including 

members of the general public, arising from or incident to the purchase, 

transportation, removal, handling, use, disposition, or other activity 

causing or leading to contact of any kind whatsoever with asbestos on the 

property which is the subject of this sale, whether the Purchaser, its 

successors or assigns has or have properly warned or failed properly to 

warn the individual(s) injured.

 (f) The Purchaser further agrees that in its use and occupancy of the 

property it will comply with all Federal, state, and local laws relating to 

asbestos.

 

 [53 FR 29894, Aug. 9, 1988]

Sec. 101-47.304-14 Provisions relating to hazardous substance 

activity.

 (a) Where the existence of hazardous substance activity has been 

brought to the attention of the disposal agency by the Standard Form 118 

information provided in accordance with Sec. 101-47.202-2(b)(10), the 

disposal agency shall incorporate such information into any Invitation for 

Bids/Offers to Purchase and include the following statements:

 

 "Notice regarding hazardous substance activity:

 The information contained in this notice is required under the authority 

of regulations promulgated under section 120(h) of the Comprehensive 

Environmental Response, Compensation and Liability Act (CERCLA or 

"Superfund"), 42 U.S.C. section 9620(h). The (holding agency) advises 

that (provide information on the type and quantity of hazardous 

substances; the time at which storage, release, or disposal took place; and 

a description of the remedial action taken). All remedial action necessary 

to protect human health and the environment with respect to the 

hazardous substance activity during the time the property was owned by 

the United States has been taken. Any additional remedial action found to 

be necessary shall be conducted by the United States."

 

 (b) In the case where the purchaser is a potentially responsible party 

(PRP) with respect to the hazardous substance activity, the above 

statements must be modified as appropriate to properly represent the 

liability of the PRP for any remedial action.

 

 [FTR Amdt. 16, 56 FR 15048, Apr. 15, 1991]

 

Sec. 101-47.305 Acceptance of offers.

Sec. 101-47.305-1 General.

 (a) When the head of the disposal agency or his designee determines 

that bid prices (either as to all or some part of the property) received after 

advertising therefor or received in response to the action authorized in 

paragraph (b) of this Sec. 101-47.305-1, are reasonable, i.e., 

commensurate with the fair market value of the property, and were 

independently arrived at in open competition, award shall be made with 

reasonable promptness by notice to the bidder whose bid, conforming to 

the invitation for bids, will be most advantageous to the Government, 

price and other factors considered. Any or all offers may be rejected when 

the head of the disposal agency or his designee determines it is in the 

public interest to do so.

 (b) Where the advertising does not result in the receipt of a bid at a 

price commensurate with the fair market value of the property, the highest 

bidder may, at the discretion of the head of the disposal agency or his 

designee and upon determination of responsiveness and bidder 

responsibility, be afforded an opportunity to increase his offered price. 

The bidder shall be given a reasonable period of time, not to exceed 

fifteen working days, to respond. At the time the bidder is afforded an 

opportunity to increase his bid, all other bids shall be rejected and bid 

deposits returned. Any sale at a price so increased may be concluded 

without regard to the provisions of Sec. 101-47.304-9 and Sec. 101-

47.304-12.

 (c) The disposal agency shall allow a reasonable period of time within 

which the successful bidder shall consummate the transaction and shall 

notify the successful bidder of the period allowed.
DoD Base Reuse Implementation Manual

December 1997 E-17

 (d) It is within the discretion of the head of the disposal agency or his 

designee to determine whether the procedure authorized by paragraph (b) 

of this Sec. 101-47.305-1 is followed or whether the bids shall be rejected 

and the property reoffered for sale on a publicly advertised competitive 

bid basis in accordance with the provisions of Sec. 101-47.304-7, or 

disposed of by negotiation pursuant to Sec. 101-47.306-1, or offered for 

disposal under other applicable provisions of this Subpart 101-47.3.

 

 [29 FR 16126, Dec. 3, 1964, as amended at 50 FR 25223, June 18, 

1985]

Sec. 101-47.305-2 Equal offers.

 "Equal offers" means two or more offers that are equal in all respects, 

taking into consideration the best interests of the Government. If equal 

acceptable offers are received for the same property, award shall be made 

by a drawing by lot limited to the equal acceptable offers received.

Sec. 101-47.305-3 Notice to unsuccessful bidders.

 When an offer for surplus real property has been accepted, the disposal 

agency shall notify all other bidders of such acceptance and return their 

earnest money deposits, if any.

Sec. 101-47.306 Absence of acceptable offers.

Sec. 101-47.306-1 Negotiations.

 (a) When the head of the disposal agency or his designee determines 

that bid prices after advertising therefor (including the action authorized 

by the provisions of Sec. 101-47.305-1(b)) are not reasonable either as to 

all or some part of the property or were not independently arrived at in 

open competition and that a negotiated sale rather than a disposal by 

readvertising or under other applicable provisions of this subpart would 

better protect the public interest, the property or such part thereof may be 

disposed of by negotiated sale after rejection of all bids received: 

Provided, That no negotiated disposal may be made under this Sec. 101-

47.306- 1 unless:

 (1) Notification of the intention to negotiate and reasonable opportunity 

to negotiate shall have been given by the agency head or his designee to 

each responsible bidder who submitted a bid pursuant to the advertising;

 (2) The negotiated price is higher than the highest rejected bid price 

offered by any responsible bidder, as determined by the head of the agency 

or his designee; and

 (3) The negotiated price is the highest negotiated price offered by any 

responsible prospective purchaser.

 (b) Any such negotiated disposal shall be subject to the applicable 

provisions of Secs. 101-47.304-9 and 101-47.304-12.

Sec. 101-47.306-2 Defense Industrial Reserve properties.

 In the event that any disposal agency is unable to dispose of any surplus 

industrial plant because of the application of the conditions and 

restrictions of the National Security Clause imposed under the Defense 

Industrial Reserve Act (50 U.S.C. 453), after making every practicable 

effort to do so, it shall notify the Secretary of Defense, indicating such 

modifications in the National Security Clause, if any, which in its 

judgment will make possible the disposal of the plant. Upon agreement by 

the Secretary of Defense to any or all of such modifications, the plant 

shall be reoffered for disposal subject to such modifications as may have 

been so agreed upon; or if such modifications are not agreed to, and upon 

request of the Secretary of Defense, the plant shall be transferred to the 

custody of GSA.

 [40 FR 12078, Mar. 17, 1975]

Sec. 101-47.307 Conveyances.

Sec. 101-47.307-1 Form of deed or instrument of conveyance.

 Disposals of real property shall be by quitclaim deed or deed without 

warranty in conformity with local law and practice, unless the disposal 

agency finds that another form of conveyance is necessary to obtain a 

reasonable price for the property or to render the title marketable, and 

unless the use of such other form of conveyance is approved by GSA.

Sec. 101-47.307-2 Conditions in disposal instruments.

 (a) Where a sale is made upon credit, the purchaser shall agree by 

appropriate provisions to be incorporated in the disposal instruments, that 

he will not resell or lease (unless due to its character or type the property 

was offered without leasing restrictions by the disposal agency) the 

property, or any part thereof or interest therein, without the prior written 

authorization of the disposal agency and such disposal instruments in 

appropriate cases may specifically provide for such authorization and/or 

future partial releases to be granted on terms which will adequately 

protect the Government's security for the credit extended to the purchaser.

 (b) Except for exchange transactions initiated by the Federal 

Government for its own benefit, any disposition of land, or land and 

improvements located thereon, to public bodies by negotiation pursuant to 

Sec. 101-47.304- 9(4) shall include in the deed or other disposal 

instrument a covenant substantially as follows:

 

 The Grantee covenants for itself, its heirs, successors, and assigns and 

every successor in interest to the property hereby conveyed, or any part 

thereof, that the said Grantee and such heirs, successors, and assigns shall 

not discriminate upon the basis of race, color, religion, or national origin 

in the use, occupancy, sale, or lease of the property, or in their 

employment practices conducted thereon. This covenant shall not apply, 

however, to the lease or rental of a room or rooms within a family 

dwelling unit; nor shall it apply with respect to religion to premises used 

primarily for religious purposes. The United States of America shall be 

deemed a beneficiary of this covenant without regard to whether it 

remains the owner of any land or interest therein in the locality of the 

property hereby conveyed and shall have the sole right to enforce this 

covenant in any court of competent jurisdiction.

 

 (c) Any deed, lease, or other instrument executed to dispose of property 

under this subpart, subject to reservations, restrictions, or conditions as to 

the future use, maintenance, or transfer of the property shall recite all 

covenants, representations, and agreements pertaining thereto.

 (d) Where the existence of hazardous substance activity has been 

brought to the attention of the disposal agency by the Standard Form 118 

information provided in accordance with Sec. 101-47.202-2(b)(10), the 

disposal agency shall incorporate such information into any deed, lease, or 

other instrument executed pursuant to part 101-47. See the language 

contained in Sec. 101- 47.304-14. In the case where the purchaser is a 

potentially responsible party (PRP) with respect to the hazardous 

substance activity, the language must be modified as appropriate to 

properly represent the liability of the PRP for any remedial action.

 

 [29 FR 16126, Dec. 3, 1964, as amended at 33 FR 4408, Mar. 12, 

1968; FR Amdt. 16, 56 FR 15049, Apr. 15, 1991]

Sec. 101-47.307-3 Distribution of conformed copies of conveyance 

instruments.

 (a) Two conformed copies of any deed, lease, or other instrument 

containing reservations, restrictions, or conditions regulating the future 

use, maintenance, or transfer of the property shall be provided the agency 

charged with enforcement of such reservations, restrictions, or conditions.

 (b) A conformed copy of the deed, lease, or other conveyance 

instrument shall be provided to the holding agency by the disposal agency.

Sec. 101-47.307-4 Disposition of title papers.

 The holding agency shall, upon request, deliver to the disposal agency 

all title papers in its possession relating to the property reported excess. 

The disposal agency may transfer to the purchaser of the property, as a 

part of the disposal transaction, the pertinent records authorized by Sec. 

101- 11.404-2, to be so transferred. If the purchaser of the property 

wishes to obtain additional records, copies thereof may be furnished to the 

purchaser at an appropriate charge, as determined by the agency having 

custody of the records.

 
41 CFR Part 101-47: Federal Property Management Regulations

E-18 December 1997

 [33 FR 572, Jan. 17, 1968]

Sec. 101-47.307-5 Title transfers from Government corporations.

 In order to facilitate the administration and disposition of real property 

when record title to such property is not in the name of the United States 

of America, the holding agency, upon request of the Administrator of 

General Services, shall deliver to the disposal agency a quitclaim deed, or 

other instrument of conveyance without warranty, expressed or implied, 

transferring all of the right, title, and interest of the holding agency in such 

property to the United States of America.

Sec. 101-47.307-6 Proceeds from disposals.

 All proceeds (except so much thereof as may be otherwise obligated, 

credited, or paid under authority of those provisions of law set forth in 

section 204(b)-(e) of the Act (40 U.S.C. 485(b)-(e)), or the Independent 

Offices Appropriation Act, 1963 (76 Stat. 725) or in any later 

appropriation act) hereafter received from any sale, lease, or other 

disposition of surplus real property and related personal property shall be 

covered into the land and water conservation fund in the Treasury of the 

United States.

 

 [30 FR 754, Jan. 23, 1965]

Sec. 101-47.308 Special disposal provisions.

Sec. 101-47.308-1 Power transmission lines.

 (a) Pursuant and subject to the provisions of section 13(d) of the 

Surplus Property Act of 1944 (50 U.S.C. App. 1622(d)), which is 

continued in effect by section 602(a) of the Federal Property and 

Administrative Services Act of 1949, any State or political subdivision 

thereof, or any State or Government agency or instrumentality may certify 

to the disposal agency that a surplus power transmission line and the 

right-of-way acquired for its construction is needful for or adaptable to the 

requirements of a public or cooperative power project. Disposal agencies 

shall notify such State entities and Government agencies of the 

availability of such property in accordance with Sec. 101- 47.303-2.

 (b) Notwithstanding any other provisions of this subpart, whenever a 

State or political subdivision thereof, or a State or Government agency or 

instrumentality certifies that such property is needful for or adaptable to 

the requirements of a public or cooperative power project, the property 

may be sold for such utilization at the fair market value thereof.

 (c) In the event a sale cannot be accomplished by reason of the price to 

be charged or otherwise and the certification is not withdrawn, the 

disposal agency shall report the facts involved to the Administrator of 

General Services, for a determination by him as to the further action to be 

taken to dispose of the property.

 (d) Any power transmission line and right-of-way not disposed of 

pursuant to the provisions of this section shall be disposed of in 

accordance with other applicable provisions of this subpart, including, if 

appropriate, reclassification by the disposal agency.

Sec. 101-47.308-2 Property for public airports.

 (a) Pursuant and subject to the provisions of section 13(g) of the 

Surplus Property Act of 1944 (49 U.S.C. 47151), airport property may be 

conveyed or disposed of to a State, political subdivision, municipality, or 

tax-supported institution for a public airport. Airport property is any 

surplus real property including improvements and personal property 

located thereon as a part of the operating unit (exclusive of property the 

highest and best use of which is determined by the Administrator of 

General Services to be industrial and which shall be so classified for 

disposal without regard to the provisions of this section) which, in the 

determination of the Administrator of the Federal Aviation Administration 

(FAA) is essential, suitable, or desirable for the development, 

improvement, operation, or maintenance of a public airport, as defined in 

the Federal Airport Act, as amended (49 U.S.C. 1101), or reasonably 

necessary to fulfill the immediate and foreseeable future requirements of 

the grantee for the development, improvement, operation, or maintenance 

of a public airport, including property needed to develop sources of 

revenue from nonaviation businesses at a public airport.

 (b) The disposal agency shall notify eligible public agencies, in 

accordance with the provisions of Sec. 101-47.303-2, that property which 

may be disposed of for use as a public airport under the Act of 1944, as 

amended, has been determined to be surplus. There shall be transmitted 

with the copy of each such notice when sent to the proper regional office 

of the Federal Aviation Administration, Sec. 101-47.303-2(d), a copy of 

the holding agency's Report of Excess Real Property (Standard Form 118, 

with accompanying schedules).

 (c) As promptly as possible after receipt of the copy of the notice given 

to eligible public agencies and the copy of Standard Form 118, the 

Federal Aviation Administration shall inform the disposal agency of the 

determination of the Administrator of the Federal Aviation Administration 

required by the provisions of the Act of 1944, as amended. The Federal 

Aviation Administration, thereafter, shall render such assistance to any 

eligible public agency known to have a need for the property for a public 

airport as may be necessary for such need to be considered in the 

development of a comprehensive and coordinated plan of use and 

procurement for the property. An application form and instructions for the 

preparation of an application shall be furnished to the eligible public 

agency by the disposal agency upon request.

 (d) Whenever an eligible public agency has submitted a plan of use and 

application to acquire property for a public airport, in accordance with the 

provisions of Sec. 101-47.303-2, the disposal agency shall transmit two 

copies of the plan and two copies of the application to the proper regional 

office of the Federal Aviation Administration. The Federal Aviation 

Administration shall promptly submit to the disposal agency a 

recommendation for disposal of the property for a public airport or shall 

inform the disposal agency that no such recommendation will be 

submitted.

 (e) Upon receipt of such recommendation, the disposal agency may, 

with the approval of the head of the disposal agency or his designee, 

convey property recommended by the Federal Aviation Administration for 

disposal for a public airport to the eligible public agency, subject to the 

provisions of the Surplus Property Act of 1944, as amended. Approval for 

aviation areas shall be based on established FAA guidelines, criteria, and 

requirements for such areas. Approval for nonaviation revenue-producing 

areas shall be given only for such areas as are anticipated to generate net 

proceeds which do not exceed expected deficits for operation of the 

aviation area applied for at the airport.

 (f) Any airport property not recommended by the Federal Aviation 

Administration for disposal pursuant to the provisions of this subsection 

for use as a public airport shall be disposed of in accordance with other 

applicable provisions of this subpart. However, the holding agency shall 

first be notified of the inability of the disposal agency to dispose of the 

property for use as a public airport and shall be allowed 30 days to 

withdraw the property from surplus or to waive any future interest in the 

property for public airport use.

 (g) The Administrator of the Federal Aviation Administration has the 

sole responsibility for enforcing compliance with the terms and conditions 

of disposal, and for the reformation, correction, or amendment of any 

disposal instrument and the granting of releases and for taking any 

necessary action for recapturing such property in accordance with the 

provisions of the Act of October 1, 1949, 63 Stat. 700, and section 

1402(c) of the Federal Aviation Act of 1958, 72 Stat. 807 (50 U.S.C. 

App. 1622a-1622c).

 (h) In the event title to any such property is revested in the United 

States by reason of noncompliance with the terms and conditions of 

disposal, or other cause, the Administrator of the Federal Aviation 

Administration shall have accountability for the property and shall report 

the property to GSA as excess property in accordance with the provisions 

of Sec. 101-47.202.

 (i) Section 23 of the Airport and Airway Development Act of 1970 

(Airport Act of 1970) is not applicable to the transfer of airports to State 

and local agencies. The transfer of airports to State and local agencies 

may be made only under section 13(g) of the Surplus Property Act of 

1944 which is continued in effect by the Act. Only property which the 

holding agency determines cannot be reported excess to GSA for 

disposition under the Act, but which, nevertheless, may be made available 

for use by a State or local public body for public airport purposes without 
DoD Base Reuse Implementation Manual

December 1997 E-19

being inconsistent with the Federal program of the holding agency, may 

be conveyed under section 23 of the Airport Act of 1970. In the latter 

instance, section 23 may be used for the transfer of nonexcess land for 

airport development purposes providing that such real property does not 

constitute an entire airport. An entire, existing and established airport can 

only be disposed of to a State or eligible local government under section 

13(g) of the Surplus Property Act of 1944.

 

 [29 FR 16126, Dec. 3, 1964, as amended at 42 FR 46305, Sept. 15, 

1977; 48 FR 1301, Jan. 12, 1983; FMPR Amdt. H-192, 60 FR 35707, 

July 11, 1995]

 

Sec. 101-47.308-3 Property for use as historic monuments.

 (a) Under section 203(k)(3) of the act, the disposal agency may, in its 

discretion, convey, without monetary consideration, to any State, political 

subdivision, instrumentalities thereof, or municipality, surplus real and 

related personal property for use as a historic monument for the benefit of 

the public provided the Secretary of the Interior has determined that the 

property is suitable and desirable for such use. No property shall be 

determined to be suitable or desirable for use as a historic monument 

except in conformity with the recommendation of the Advisory Board on 

National Parks, Historic Sites, Buildings, and Monuments. In addition, 

the disposal agency may authorize the use of property conveyed under 

subsection 203(k)(3) of the act or the Surplus Property Act of 1944, as 

amended, for revenue- producing activities if the Secretary of the Interior:

 (1) Determines that such activities, as described in the applicant's 

proposed program of utilization, are compatible with the use of the 

property for historic monument purposes;

 (2) Approves the grantee's plan for repair, rehabilitation, restoration, 

and maintenance of the property;

 (3) Approves the grantee's plan for financing the repair, rehabilitation, 

restoration, and maintenance of the property. The plan shall not be 

approved unless it provides that all incomes in excess of costs of repair, 

rehabilitation, restoration, maintenance and a specified reasonable profit 

or payment that may accrue to a lessor, sublessor, or developer in 

connection with the management, operation, or development of the 

property for revenue producing activities shall be used by the grantee, 

lessor, sublessor, or developer, only for public historic preservation, park, 

or recreational purposes; and

 (4) Examines and approves the grantee's accounting and financial 

procedures for recording and reporting on revenue-producing activities.

 (b) The disposal agency shall notify State and areawide clearinghouses 

and eligible public agencies, in accordance with the provisions of Sec. 

101- 47.303-2, that property which may be disposed of for use as a 

historic monument has been determined to be surplus. A copy of the 

holding agency's Standard Form 118, Report of Excess Real Property, 

with accompanying schedules shall be transmitted with the copy of each 

such notice when it is sent to the proper regional office of the Bureau of 

Outdoor Recreation as provided in Sec. 101-47.303-2(d).

 (c) Upon request, the disposal agency shall furnish eligible public 

agencies with an application form to acquire real property for permanent 

use as a historic monument and advise the potential applicant that it 

should consult with the appropriate Bureau of Outdoor Recreation 

Regional Office early in the process of developing the application.

 (d) Eligible public agencies shall submit the original and two copies of 

the completed application to acquire real property for use as a historic 

monument in accordance with the provisions of Sec. 101-47.303-2 to the 

appropriate Bureau of Outdoor Recreation Regional Office which will 

forward one copy of the application to the appropriate regional office of 

the disposal agency. After consultation with the National Park Service, 

the Bureau of Outdoor Recreation shall promptly submit to the disposal 

agency the determination required of the Secretary of the Interior under 

section 203(k)(3) of the act for disposal of the property for a historic 

monument and compatible revenue-producing activities or shall inform 

the disposal agency that no such recommendation will be submitted.

 (e) Upon receipt of the determination, the disposal agency may with the 

approval of the head of the disposal agency or his designee convey to an 

eligible public agency property determined by the Secretary of the Interior 

to be suitable and desirable for use as a historic monument for the benefit 

of the public and for compatible revenue-producing activities subject to 

the provisions of section 203(k)(3) of the Act.

 (f) The Secretary of the Interior has the responsibility for enforcing 

compliance with the terms and conditions of disposals; the reformation, 

correction, or amendment of any disposal instrument; the granting of 

releases; and any action necessary for recapturing such property in 

accordance with the provisions of section 203(k)(4) of the act. Any such 

action shall be subject to the disapproval of the head of the disposal 

agency.

 (g) The Department of the Interior shall notify the appropriate GSA 

regional Real Property Division, Public Buildings Service, immediately 

by letter when title to such historic property is to be revested in the United 

States for noncompliance with the terms and conditions of disposal or for 

other cause. The notification shall cite the legal and administrative actions 

that the Department must take to obtain full title and possession of the 

property. In addition, it shall include an adequate description of the 

property, including any improvements constructed thereon since the 

original conveyance to the grantee. Upon receipt of a statement from the 

Department that title to the property has revested, GSA will assume 

custody and accountability of the property. However, the grantee shall be 

required to provide protection and maintenance of the property until such 

time as the title reverts to the Federal Government, including the period of 

any notice of intent to revert. Such protection and maintenance shall, at a 

minimum, conform to to the standards prescribed in Sec. 101-47.4913.

 [40 FR 22257, May 22, 1975, as amended at 49 FR 44472, Nov. 7, 

1984]

Sec. 101-47.308-4 Property for educational and public health 

purposes.

 (a) The head of the disposal agency or his designee is authorized, at his 

discretion: (1) To assign to the Secretary of the Department of Education 

(ED) for disposal under section 203(k)(1) of the Act such surplus real 

property, including buildings, fixtures, and equipment situated thereon, as 

is recommended by the Secretary as being needed for school, classroom, 

or other educational use, or (2) to assign to the Secretary of Health and 

Human Services (HHS) for disposal under section 203(k)(1) of the Act 

such surplus real property, including buildings, fixtures, and equipment 

situated thereon, as is recommended by the Secretary as being needed for 

use in the protection of public health, including research.

 (b) With respect to real property and related personal property which 

may be made available for assignment to ED or HHS for disposal under 

section 203(k)(1) of the Act for educational or public health purposes, the 

disposal agency shall notify eligible public agencies, in accordance with 

the provisions of Sec. 101-47.303-2, that such property has been 

determined to be surplus. Such notice to eligible public agencies shall 

state that any planning for an educational or public health use, involved in 

the development of the comprehensive and coordinated plan of use and 

procurement for the property, must be coordinated with ED or HHS, as 

appropriate, and that an application form for such use of the property and 

instructions for the preparation and submission of an application may be 

obtained from ED or HHS. The requirement for educational or public 

health use of the property by an eligible public agency will be contingent 

upon the disposal agency's approval under (i), below, of a 

recommendation for assignment of Federal surplus real property received 

from ED or HHS and any subsequent transfer shall be subject to the 

disapproval of the head of the disposal agency as stipulated under section 

203(k)(1) (A) or (B) of the Act and referenced in paragraph (j) of this 

section.

 (c) With respect to surplus real property and related personal property 

which may be made available for assignment to either Secretary for 

disposal under section 203(k)(1) of the Act for educational or public 

health purposes to nonprofit institutions which have been held exempt 

from taxation under section 501(c)(3) of the Internal Revenue Code of 

1954 (26 U.S.C. 501(c)(3)), ED or HHS may notify eligible nonprofit 

institutions, in accordance with the provisions of Sec. 101-47.303-2(e), 

that such property has been determined to be surplus. Any such notice to 

eligible nonprofit institutions shall state that any requirement for 

educational or public health use of the property should be coordinated 
41 CFR Part 101-47: Federal Property Management Regulations

E-20 December 1997

with the public agency declaring to the disposal agency an intent to 

develop and submit a comprehensive and coordinated plan of use and 

procurement for the property. The requirement for educational or public 

health use of the property by an eligible nonprofit institution will be 

contingent upon the disposal agency's approval, under paragraph (i) of 

this section, of an assignment recommendation received from ED or HHS 

and any subsequent transfer shall be subject to the disapproval of the head 

of the disposal agency as stipulated under section 203(k)(1) (A) or (B) of 

the Act and referenced in (j) below.

 (d) ED and HHS shall notify the disposal agency within 20-calendar 

days after the date of the notice of determination of surplus if it has an 

eligible applicant interested in acquiring the property. Whenever ED or 

HHS has notified the disposal agency within the said 20-calendar day 

period of a potential educational or public health requirement for the 

property, ED or HHS shall submit to the disposal agency within 25-

calendar days after the expiration of the 20-calendar day period, a 

recommendation for assignment of the property, or shall inform the 

disposal agency, within the 25-calendar day period, that a 

recommendation will not be made for assignment of the property.

 (e) Whenever an eligible public agency has submitted a plan of use for 

property for an educational or public health requirement, in accordance 

with the provisions of Sec. 101-47.303-2, the disposal agency shall 

transmit two copies of the plan to the regional office of ED or HHS as 

appropriate. ED or HHS shall submit to the disposal agency, within 25-

calendar days after the date the plan is transmitted, a recommendation for 

assignment of the property to the Secretary of ED or HHS, or shall inform 

the disposal agency, within the 25-calendar day period, that a 

recommendation will not be made for assignment of the property to ED or 

HHS as appropriate.

 (f) Any assignment recommendation submitted to the disposal agency 

by ED or HHS shall set forth complete information concerning the 

educational or public health use, including: (1) Identification of the 

property, (2) the name of the applicant and the size and nature of its 

program, (3) the specific use planned, (4) the intended public benefit 

allowance, (5) the estimate of the value upon which such proposed 

allowance is based, and, (6) if the acreage or value of the property exceeds 

the standards established by the Secretary, an explanation therefor. ED or 

HHS shall furnish to the holding agency a copy of the recommendation, 

unless the holding agency is also the disposal agency.

 (g) Holding agencies shall cooperate to the fullest extent possible with 

representatives of ED or HHS in their inspection of such property and in 

furnishing information relating thereto.

 (h) In the absence of an assignment recommendation from ED or HHS 

submitted pursuant to Sec. 101-47.308-4 (d) or (e), and received within 

the 25-calendar day time limit specified therein, the disposal agency shall 

proceed with other disposal action.

 (i) If, after considering other uses for the property, the disposal agency 

approves the assignment recommendation from ED or HHS, it shall 

assign the property by letter or other document to the Secretary of ED or 

HHS as appropriate. If the recommendation is disapproved, the disposal 

agency shall likewise notify the appropriate Department. The disposal 

agency shall furnish to the holding agency a copy of the assignment, 

unless the holding agency is also the disposal agency.

 (j) Subsequent to the receipt of the disposal agency's letter of 

assignment, ED or HHS shall furnish to the disposal agency a Notice of 

Proposed Transfer in accordance with section 203(k)(1) (A) or (B) of the 

Act. If the disposal agency has not disapproved the proposed transfer 

within 30- calendar days of the receipt of the Notice of Proposed Transfer, 

ED or HHS may proceed with the transfer.

 (k) ED or HHS shall furnish the Notice of Proposed Transfer within 

35- calendar days after the disposal agency's letter of assignment and shall 

prepare the transfer documents and take all necessary actions to 

accomplish the transfer within 15-calendar days after the expiration of the 

30-calendar day period provided for the disposal agency to consider the 

notice. ED or HHS shall furnish the disposal agency two conformed 

copies of deeds, leases or other instruments conveying the property under 

section 203(k)(1) (A) or (B) of the Act and all related documents 

containing restrictions or conditions regulating the future use, 

maintenance or transfer of the property.

 (l) ED or HHS, as appropriate, has the responsibility for enforcing 

compliance with the terms and conditions of transfer; for the reformation, 

correction, or amendment of any transfer instrument; for the granting of 

releases; and for the taking of any necessary actions for recapturing such 

property in accordance with the provisions of section 203(k)(4) of the Act. 

Any such action shall be subject to the disapproval of the head of the 

disposal agency. Notice to the head of the disposal agency by ED or HHS 

of any action proposed to be taken shall identify the property affected, set 

forth in detail the proposed action, and state the reasons therefor.

 (m) In each case of repossession under a terminated lease or reversion 

of title by reason of noncompliance with the terms or conditions of sale or 

other cause, ED or HHS shall, at or prior to such repossession or reversion 

of title, provide the appropriate GSA regional office with an accurate 

description of the real and related personal property involved. Standard 

Form 118, Report of Excess Real Property, and the appropriate schedules 

shall be used for this purpose. Upon receipt of advice from ED or HHS 

that such property has been repossessed or title has reverted, GSA will 

assume custody of and accountability for the property. However, the 

grantee shall be required to provide protection and maintenance for the 

property until such time as the title reverts to the Federal Government, 

including the period of any notice of intent to revert. Such protection and 

maintenance shall, at a minimum, conform to the standards prescribed in 

Sec. 101-47.4913.

 

 [49 FR 3465, Jan. 27, 1984]

Sec. 101-47.308-5 Property for use as shrines, memorials, or for 

religious purposes.

 (a) Surplus military chapels shall be segregated from other buildings, 

and shall be disposed of intact, separate and apart from the land, for use 

off- site as shrines, memorials, or for religious purposes, except in cases in 

which the chapel is located on surplus Government-owned land and the 

disposal agency determines that it may properly be used in place, in which 

cases a suitable area of land may be set aside for such purposes, and sold 

with the chapel.

 (1) Application. Applications for the purchase of surplus chapels for 

use off-site or for use in-place shall be solicited by public advertising. All 

applications received in response to advertising shall be submitted to the 

Chief of Chaplains of the service which had jurisdiction over the property 

during the period of Government use thereof for military purposes and 

shall be disposed of in accordance with his recommendation. If no 

recommendation is received from the Chief of Chaplains within 30 days 

from the date of such submission, the disposal agency may select the 

purchaser on the basis of the needs of the applicants and the best interests 

of the community to be served. If no application is received for transfer of 

the property for shrine, memorial, or religious uses, the Chief of Chaplains 

shall be notified accordingly, and disposal of the property shall be held in 

abeyance for a period not to exceed 60 days thereafter to afford additional 

time for the filing of applications. If no such application is received during 

the extended period, the property may be disposed of for uses other than 

shrine, memorial, or religious purposes pursuant to other applicable 

provisions of this subpart.

 (2) Sale price. The sale price of the chapel shall be a price equal to its 

appraised fair market value in the light of conditions imposed relating to 

its future use and the estimated cost of removal, where required. The sale 

price of the land shall be a price equal to the appraised fair market value 

of the land based upon the highest and best use of the land at the time of 

the disposal.

 (3) Conditions of transfer. All chapels disposed of pursuant to the 

authority of this section shall be transferred subject to the condition that 

during the useful life thereof they be maintained and used as shrines, 

memorials, or for religious purposes and not for any commercial, 

industrial, or other secular use; and that in the event a transferee fails to 

maintain and use the chapel for such purposes there shall become due and 

payable to the Government the difference between the appraised fair 

market value of the chapel, as of the date of the transfer, without 

restrictions on its use, and the price actually paid. Where the land on 

which the chapel is located is sold with the chapel, no conditions or 

restrictions on the use of the land shall be included in the deed.
DoD Base Reuse Implementation Manual

December 1997 E-21

 (4) Release of restrictions. The disposal agency may release the 

conditions of transfer without payment of a monetary consideration upon 

a determination that the property no longer serves the purpose for which it 

was transferred or that such release will not prevent accomplishment of 

the purpose for which the property was transferred. Such determination 

shall be in writing, shall state the facts and circumstances involved, and 

shall be preserved in the files of the disposal agency.

 (b) Notwithstanding the provisions of this Sec. 101-47.308-5, a chapel 

and underlying land that is a component unit of a larger parcel of surplus 

real property recommended by the Secretary of Health, Education, and 

Welfare as being needed for educational or public health purposes, may 

be included in an assignment of such property, when so recommended by 

the Secretary, for disposal subject to the condition that the instrument of 

conveyance shall require that during the useful life of the chapel it shall be 

maintained and used by the grantee as a shrine, memorial, or for religious 

purposes.

Sec. 101-47.308-6 Property for housing and related facilities.

 (a) Under section 414(a) of the Housing and Urban Development Act 

of 1969, as amended (40 U.S.C. 484b), the disposal agency may, in its 

discretion, transfer (assign) surplus real property to the Secretary of 

Housing and Urban Development or to the Secretary of Agriculture acting 

through the Farmers Home Administration (FmHA) at the request of 

either, for sale or lease by the appropriate Secretary at its fair value for 

use in the provision of housing to be occupied predominantly by families 

or individuals of low or moderate income and for related public 

commercial or industrial facilities approved by the appropriate Secretary.

 (b) Upon receipt of the notice of determination of surplus (Sec. 101-

47.204-1(a)), HUD or FmHA may solicit applications from eligible 

applicants.

 (c) HUD or FmHA shall notify the disposal agency within 20 calendar 

days after the date of the notice of determination of surplus if it is able to 

interest an eligible applicant in acquiring the property under section 

414(a) of the 1969 HUD Act, as amended.

 (d) Both holding and disposal agencies shall cooperate, to the fullest 

extent possible, with representatives of HUD or FmHA in their inspection 

of such property and in furnishing information relating thereto.

 (e) HUD or FmHA shall advise the disposal agency and request transfer 

of the property for disposition under section 414(a) of the 1969 HUD Act, 

as amended, within 25 calendar days after the expiration of the 20-

calendar-day period specified in Sec. 101-47.308-6(c).

 (f) Any request submitted by HUD or FmHA pursuant to Sec. 101-

47.308-6(e) shall set forth complete information concerning the intended 

use, including:

 (1) Identification of the property; (2) a summary of the background of 

the proposed project, including a map or plat of the property; (3) whether 

the property is to be sold or leased to a public body or to an entity other 

than a public body which will use the land in connection with the 

development of housing to be occupied predominantly by families or 

individuals of low and moderate income, assisted under a Federal housing 

assistance program administered by the appropriate Secretary or under a 

State or local program found by the appropriate Secretary to have the 

same general purpose, and related public commercial or industrial 

facilities approved by the appropriate Secretary; (4) HUD's or FmHA's 

best estimate of the fair value of the property and the price at which it will 

be sold by HUD or FmHA; (5) how the property is to be used (i.e., single 

or multifamily housing units, the number of housing units proposed, types 

of facilities, and the estimated cost of construction); (6) an estimate as to 

the dates construction will be started and completed; and (7) what 

reversionary provisions will be included in the deed or the termination 

provisions that will be included in the lease. It is suggested that this 

information, except for the map or plat of the property, be furnished in the 

body of the letter transfer request signed by the Secretary of Housing and 

Urban Development or the Secretary of Agriculture or his designee.

 

 The above data will be used by GSA in preparing and submitting a 

statement relative to the proposed transaction to the Senate Committee on 

Governmental Affairs and the House Committee on Government 

Operations prior to the transfer of the property to HUD or FmHA.

 (g) In the absence of a notice under paragraph (c) of this section or a 

request under paragraph (e) of this section, the disposal agency shall 

proceed with the appropriate disposal action.

 (h) If, after considering other uses for the property, the disposal agency 

determines that the property should be made available to HUD or FmHA 

under section 414(a) of the 1969 HUD Act, as amended, it shall transfer 

the property to the appropriate agency upon its request.

 (i) The transferee agency shall bear the costs of any out-of-pocket 

expenses necessary to accomplish the transfer of the property, such as 

surveys, fencing, security, etc., of the remaining property or otherwise. In 

addition, the transferee agency shall be responsible for any protection and 

maintenance expenses after the property is transferred to the agency.

 (j) The disposal agency, if it approves the request, shall transfer the 

property by letter or other document to HUD or FmHA for disposal under 

section 414(a) of the 1969 HUD Act, as amended. If the request is 

disapproved, the disposal agency shall so notify the appropriate Secretary. 

The disposal agency shall furnish the holding agency a copy of the 

transfer or notice of disapproval.

 (k) The transferee agency shall prepare the disposal document and take 

all other actions necessary to accomplish the disposition of the property 

under section 414(a) of the 1969 HUD Act, as amended, within 120 

calendar days after the date of the transfer of the property to the agency.

 (l) If any property conveyed under section 414(a) of the 1969 HUD 

Act, as amended, to an entity other than a public body is used for any 

purpose other than the purpose for which it was sold or leased within a 

period of 30 years of the conveyance, it shall revert to the United States 

(or, in the case of leased property, the lease shall terminate) unless the 

appropriate Secretary and the Administrator of General Services, after the 

expiration of the first 20 years of such period, approve the use of the 

property for such other purpose.

 (m) The transferee agency shall furnish the disposal agency two 

conformed copies of deeds, leases, or other instruments conveying 

property under section 414(a) of the 1969 HUD Act, as amended, and 

related documents containing reservations, restrictions, or conditions 

regulating the future use, maintenance, or transfer of the property.

 (n) In each case of reversion of title by reason of noncompliance with 

the terms and conditions of sale or other cause, HUD or FmHA shall, 

prior to or at the time of such reversion, provide GSA with an accurate 

description of the real and related personal property involved. Standard 

Form 118, Report of Excess Real Property, and the appropriate schedules 

shall be used for this purpose. Upon receipt of advice from HUD or 

FmHA that title has reverted, GSA will assume accountability therefor.

 

 [47 FR 37176, Aug. 25, 1982]

Sec. 101-47.308-7 Property for use as public park or recreation 

areas.

 (a) The head of the disposal agency or his designee is authorized, in his 

discretion, to assign to the Secretary of the Interior for disposal under 

section 203(k)(2) of the Act for public park or recreation purposes, such 

surplus real property, including buildings, fixtures, and equipment 

situated thereon, as is recommended by the Secretary as being needed for 

use as a public park or recreation area for disposal by the Secretary to a 

State, political subdivision, instrumentalities thereof, or municipality.

 (b) The disposal agency shall notify established State and regional or 

metropolitan clearinghouses and eligible public agencies, in accordance 

with the provisions of Sec. 101-47.303-2, that property which may be 

disposed of for use as a public park or recreation area has been 

determined to be surplus. There shall be transmitted with the copy of each 

such notice, when sent to the proper field office of the Bureau of Outdoor 

Recreation, a copy of the holding agency's Report of Excess Real Property 

(Standard Form 118, with accompanying schedules).

 (c) An application form to acquire property for permanent use as a 

public park or recreation area and instructions for the preparation of the 

application shall be furnished by the Department of the Interior upon 

request.

 (d) The Department of the Interior shall notify the disposal agency 

within 20 calendar days after the date of the notice of determination of 
41 CFR Part 101-47: Federal Property Management Regulations

E-22 December 1997

surplus if it has an eligible applicant interested in acquiring the property 

under section 203(k)(2) of the Act.

 (e) Holding agencies shall cooperate to the fullest extent possible with 

representatives of the Department of the Interior in their inspection of such 

property and in furnishing information relating thereto.

 (f) The Department of the Interior shall advise the disposal agency and 

request assignment of the property for disposition under section 203(k)(2) 

of the Act, as amended, within 25 calendar days after the expiration of the 

20- calendar-day period specified in paragraph (d) of this section.

 (g) Any recommendation submitted by the Department of the Interior 

pursuant to paragraph (f) of this section shall set forth complete 

information concerning the plans for use of the property as a public park 

or recreation area, including (1) identification of the property, (2) the 

name of the applicant, (3) the specific use planned, and (4) the intended 

public benefit allowance. A copy of the application together with any 

other pertinent documentation shall be submitted with the 

recommendation.

 (h) In the absence of a notice under paragraph (d) of this section or a 

request under paragraph (f) of this section, the disposal agency shall 

proceed with the appropriate disposal action.

 (i) If, after considering other uses for the property, the disposal agency 

approves the assignment recommendation from the Department of the 

Interior, it shall assign the property by letter or other document to the 

Secretary of the Interior. If the recommendation is disapproved, the 

disposal agency shall likewise notify the Secretary. The disposal agency 

shall furnish to the holding agency a copy of the assignment, unless the 

holding agency is also the disposal agency.

 (j) Subsequent to the receipt of the disposal agency's letter of 

assignment, the Secretary of the Interior shall furnish to the disposal 

agency a Notice of Proposed Transfer, in accordance with section 

203(k)(2)(A) of the Act. If the disposal agency has not disapproved the 

proposed transfer within 30-calendar days of the receipt of the Notice of 

Proposed Transfer, the Secretary may proceed with the transfer.

 (k) The disposal agency may, where appropriate, make the assignment 

subject to the Department of the Interior requiring the applicant to bear 

the cost of any out-of-pocket expenses necessary to accomplish the 

transfer of the property, such as surveys, fencing, security of the 

remaining property or otherwise.

 (l) In the absence of the notice of disapproval by the disposal agency 

upon expiration of the 30-day period, or upon earlier advice from the 

disposal agency of no objection to the proposed transfer, the Department 

of the Interior may place the applicant in possession of the property as 

soon as practicable in order to minimize the Government's expense of 

protection and maintenance of the property. As of the date of assumption 

of possession of the property, or the date of conveyance, whichever occurs 

first, the applicant shall assume responsibility for care and handling and 

all risks of loss or damage to the property, and shall have all obligations 

and liabilities of ownership.

 (m) The Department of the Interior shall furnish the Notice of Proposed 

Transfer within 35-calendar days after the disposal agency's letter of 

assignment and shall take all necessary actions to accomplish the transfer 

within 15-calendar days after the expiration of the 30-calendar day period 

provided for the disposal agency to consider the notice.

 (n) The deed of conveyance of any surplus real property transferred 

under the provision of section 202(k)(2) of the Act shall provide that all 

such property be used and maintained for the purpose for which it was 

conveyed in perpetuity, and that in the event that such property ceases to 

be used or maintained for such purpose during such period, all or any

portion of such property shall in its then existing condition, at the option 

of the United States, revert to the United States and may contain such 

additional terms, reservations, restrictions, and conditions as may be 

determined by the Secretary of the Interior to be necessary to safeguard 

the interest of the United States.

 (o) The Department of the Interior shall furnish the disposal agency two 

conformed copies of deeds, leases, or other instruments conveying 

property under section 203(k)(2) of the Act and related documents 

containing reservations, restrictions, or conditions regulating the future 

use, maintenance or transfer of the property.

 (p) The Secretary of the Interior has the responsibility for enforcing 

compliance with the terms and conditions of transfer; the reformation, 

correction, or amendment of any transfer instrument; the granting of 

releases; and any necessary actions for recapturing such property in 

accordance with the provisions of section 202(k)(4) of the Act. Any such 

action shall be subject to the disapproval of the head of the disposal 

agency. Notice to the head of the disposal agency by the Secretary of any 

action proposed to be taken shall identify the property affected, set forth in 

detail the proposed action, and state the reasons therefor.

 (q) The Department of the Interior shall notify the appropriate GSA 

regional office immediately by letter when title to property transferred for 

use as a public park or recreation area is to be revested in the United 

States for noncompliance with the terms or conditions of disposal or for 

other cause. The notification shall cite the legal and administrative actions 

that the Department must take to obtain full title and possession of the 

property. In addition, it shall include an adequate description of the 

property, including any improvements constructed thereon since the 

original conveyance to the grantee. Upon receipt of a statement from the 

Department that title to the property has revested, GSA will assume 

custody of and accountability for the property. However, the grantee shall 

be required to provide protection and maintenance for the property until 

such time as the title reverts to the Federal Government, including the 

period of any notice of intent to revert. Such protection and maintenance 

shall, at a minimum, conform to the standards prescribed in Sec. 101-

47.4913.

 

 [36 FR 9776, May 28, 1971, as amended at 49 FR 3467, Jan. 27, 1984]

Sec. 101-47.308-8 Property for displaced persons.

 (a) Pursuant to section 218 of the Uniform Relocation Assistance and 

Real Property Acquisition Policies Act of 1970, the disposal agency is 

authorized to transfer surplus real property to a State agency, as 

hereinafter provided, for the purpose of providing replacement housing 

under title II of this Act for persons who are to be displaced by Federal or 

federally assisted projects.

 (b) Upon receipt of the notice of surplus determination (Sec. 101-

47.204- 1(a)), any Federal agency having a requirement for such property 

for housing for displaced persons may solicit applications from eligible 

State agencies.

 (c) Federal agencies shall notify the disposal agency within 20 calendar 

days after the date of the notice of determination of surplus if it is able to 

interest an eligible State agency in acquiring the property under section 

218.

 (d) Both holding and disposal agencies shall cooperate, to the fullest 

extent possible, with Federal and State agency representatives in their 

inspection of such property and in furnishing information relating thereto.

 (e) The interested Federal agency shall advise the disposal agency and 

request transfer of the property to the selected State agency under section 

218 within 25 calendar days after the expiration of the 20-calendar-day 

period specified in Sec. 101-47.308-8(c).

 (f) Any request submitted by a Federal agency pursuant to Sec. 101-

47.308- 8(e) shall be in the form of a letter addressed to the appropriate 

GSA regional office and shall set forth the following information:

 (1) Identification of the property by name, location, and control 

number; (2) a request that the property be transferred to a specific State 

agency including the name and address and a copy of the State agency's 

application or proposal; (3) a certification by the appropriate Federal 

agency official that the property is required for housing for displaced 

persons pursuant to section 218, that all other options authorized under 

title II of the Act have been explored and replacement housing cannot be 

found or made available through those channels, and that the Federal or 

federally assisted project cannot be accomplished unless the property is 

made available for replacement housing; (4) any special terms and 

conditions that the Federal agency desires to include in conveyance 

instruments to insure that the property is used for the intended purpose; 

(5) identification by name and proposed location of the Federal or 

federally assisted project which is creating the requirement; (6) purpose of 

the project; (7) citation of enabling legislation or authorization for the 

project when appropriate; (8) a detailed outline of steps taken to obtain 
DoD Base Reuse Implementation Manual

December 1997 E-23

replacement housing for displaced persons as authorized under title II of 

the Act; and (9) arrangements that have been made to construct 

replacement housing on the surplus property and to insure that displaced 

persons will be provided housing in the development.

 (g) In the absence of a notice under Sec. 101-47.308-8(c) or a request 

under Sec. 101-47.308-8(e), the disposal agency shall proceed with the 

appropriate disposal action.

 (h) If, after considering other uses for the property, the disposal agency 

determines that the property should be made available for replacement 

housing under section 218, it shall transfer the property to the designated 

State agency on such terms and conditions as will protect the interest of 

the United States, including the payment or the agreement to pay to the 

United States all amounts received by the State agency from any sale, 

lease, or other disposition of the property for such housing. The sale, 

lease, or other disposition of the property by the State agency shall be at 

the fair market value as approved by the disposal agency, unless a 

compelling justification is offered for disposal of the property at less than 

fair market value, in which event the disposal may be made at such other 

value as is approved by the disposal agency.

 (i) The State agency shall bear the costs of any out-of-pocket expenses 

necessary to accomplish the transfer of the property, such as costs of 

surveys, fencing, or security of the remaining property.

 (j) The disposal agency, if it approves the request, shall transfer the 

property to the designated State agency. If the request is disapproved, the 

disposal agency shall notify the Federal agency requesting the transfer. 

The disposal agency shall furnish the holding agency a copy of the 

transfer or notice of disapproval, and the Federal agency requesting the 

transfer a copy of the transfer when appropriate.

 

 [36 FR 11439, June 12, 1971]

Sec. 101-47.308-9 Property for correctional facility use.

 (a) Under section 203(p)(1) of the Act, the head of the disposal agency 

or designee may, in his/her discretion, convey, without monetary 

consideration, to any State, or to those governmental bodies named 

therein, or to any political subdivision or instrumentality thereof, surplus 

real and related personal property for correctional facility use, provided 

the Attorney General has determined that the property is required for 

correctional facility use and has approved an appropriate program or 

project for the care or rehabilitation of criminal offenders.

 (b) The disposal agency shall provide prompt notification to the Office 

of Justice Programs (OJP), Department of Justice (DOJ) of the 

availability of surplus properties. Included in the notification to OJP will 

be a copy of the holding agency's Standard Form 118, Report of Excess 

Real Property, with accompanying schedules.

 (c) With respect to real property and related personal property which 

may be made available for disposal under section 203(p)(1) of the Act for 

correctional facility purposes, OJP shall convey notices of availability of 

properties to the appropriate State and local public agencies. Such notice 

shall state that any planning for correctional facility use involved in the 

development of a comprehensive and coordinated plan of use and 

procurement for the property must be coordinated and approved by the 

OJP and that an application form for such use of the property and 

instructions for the preparation and submission of an application may be 

obtained from OJP. The requirement for correctional facility use of the 

property by an eligible public agency will be contingent upon the disposal 

agency's approval under paragraph (g) of this section of a determination 

by DOJ that identifies surplus property required for correctional facility 

use under an appropriate program or project for the care of rehabilitation 

of criminal offenders.

 (d) OJP shall notify the disposal agency within 20 calendar days after 

the date of the notice of determination of surplus if there is an eligible 

applicant interested in acquiring the property. Whenever OJP has notified 

the disposal agency within the said 20 calendar-day period of a potential 

correctional facility requirement for the property, OJP shall submit to the 

disposal agency within 25 calendar days after the expiration of the 20 

calendar-day period, a determination indicating a requirement for the 

property and approving an appropriate program or project for the care or 

rehabilitation of criminal offenders, or shall inform the disposal agency, 

within the 25 calendar-day period, that the property will not be required 

for correctional facility use.

 (e) Any determination submitted to the disposal agency by DOJ shall 

set forth complete information concerning the correctional facility use, 

including:

 (1) Identification of the property,

 (2) Certification that the property is required for correctional facility 

use,

 (3) A copy of the approved application which defines the proposed plan 

of use, and

 (4) The environmental impact of the proposed correctional facility.

 (f) Both holding and disposal agencies shall cooperate to the fullest 

extent possible with Federal and State agency representatives in their 

inspection of such property and in furnishing information relating thereto.

 (g) If, after considering other uses for the property, the disposal agency 

approves the determination by DOJ, it shall convey the property to the 

appropriate grantee. If the determination is disapproved, or in the absence 

of a determination from DOJ submitted pursuant to Sec. 101-47.308-

9(d), and received within the 25 calendar-day time limit specified therein, 

the disposal agency shall proceed with other disposal action. The disposal 

agency shall notify OJP 10 days prior to any announcement of a 

determination to either approve or disapprove an application for 

correctional purposes and shall furnish to OJP a copy of the conveyance 

documents.

 (h) The deed of conveyance of any surplus real property transferred 

under the provisions of section 203(p)(1) of the Act shall provide that all 

such property be used and maintained for the purpose for which it was 

conveyed in perpetuity and that in the event such property ceases to be 

used or maintained for such purpose during such period, all or any portion 

of such property shall in its then existing condition, at the option of the 

United States, revert to the United States and may contain such additional 

terms, reservations, restrictions, and conditions as may be determined by 

the Administrator of General Services to be necessary to safeguard the 

interest of the United States.

 (i) The Administrator of General Services has the responsibility for 

enforcing compliance with the terms and conditions of disposals; the 

reformation, correction, or amendment of any disposal instrument; the 

granting of releases; and any action necessary for recapturing such 

property in accordance with the provisions of section 203(p)(3) of the Act.

 (j) The OJP will notify GSA upon discovery of any information 

indicating a change in use and, upon request, make a redetermination of 

continued appropriateness of the use of a transferred property.

 (k) In each case of repossession under a reversion of title by reason of 

noncompliance with the terms of the conveyance documents, GSA will 

assume custody of and accountability for the property. However, the 

grantee shall be required to provide protection and maintenance for the 

property until such time as the title reverts to the Federal Government, 

including the period of any notice of intent to revert. Such protection and 

maintenance shall, at a minimum, conform to the standards prescribed in 

Sec. 101-47.4913.

 

 [52 FR 9832, Mar. 27, 1987]

Sec. 101-47.308-10 Property for port facility use.

 (a) Under section 203(q)(1) of the Act, in his/her discretion, the 

Administrator, the Secretary of the Department of Defense (DOD) in the 

case of property located at a military installation closed or realigned 

pursuant to a base closure law, or the designee of either of them, may, as 

the disposal agency, assign to the Secretary of the Department of 

Transportation (DOT) for conveyance, without monetary consideration, 

to any State, or to those governmental bodies named therein, or to any 

political subdivision, municipality, or instrumentality thereof, such 

surplus real and related personal property, including buildings, fixtures, 

and equipment situated thereon, as is recommended by DOT as being 

needed for the development or operation of a port facility.

 (b) The disposal agency shall notify established State and regional or 

metropolitan clearinghouses and eligible public agencies, in accordance 

with the provisions of Sec. 101-47.303-2, that property which may be 

disposed of for use in the development or operation of a port facility has 
41 CFR Part 101-47: Federal Property Management Regulations

E-24 December 1997

been determined to be surplus. A copy of such notice shall be transmitted 

to DOT accompanied by a copy of the holding agency's Report of Excess 

Real Property (Standard Form 118 and supporting schedules).

 (c) The notice to eligible public agencies shall state:

 (1) that any planning for the development or operation of a port facility, 

involved in the development of the comprehensive and coordinated plan of 

use and procurement for the property, must be coordinated with DOT;

 (2) that any party interested in acquiring the property for use as a port 

facility must contact the Department of Transportation, Maritime 

Administration, for instructions concerning submission of an application; 

and

 (3) that the requirement for use of the property in the development or 

operation of a port facility will be contingent upon approval by the 

disposal agency, under paragraph (i) of this section, of a recommendation 

from DOT for assignment of the property to DOT and that any 

subsequent conveyance shall be subject to the disapproval of the head of 

the disposal agency as stipulated under section 203(q)(2) of the Act and 

referenced in paragraph (j) of this subsection.

 (d) DOT shall notify the disposal agency within 20 calendar-days after 

the date of the notice of determination of surplus if there is an eligible 

applicant interested in acquiring the property. Whenever the disposal 

agency, has been so notified of a potential port facility requirement for the 

property, DOT shall submit to the disposal agency, within 25 calendardays after the expiration of the 20-calendar-day notification period, either 

a recommendation for assignment of the property or a statement that a 

recommendation will not be submitted.

 (e) Whenever an eligible public agency has submitted a plan of use for 

property for a port facility requirement, in accordance with the provisions 

of Sec. 101-47.303-2, the disposal agency shall transmit two copies of the 

plan to DOT. DOT shall either submit to the disposal agency, within 25 

calendar-days after the date the plan is transmitted, a recommendation for 

assignment of the property to DOT, or inform the disposal agency, within 

the 25-calendar-day period, that a recommendation will not be made for 

assignment of the property to DOT.

 (f) Any assignment recommendation submitted to the disposal agency 

by DOT shall be accompanied by a copy of the explanatory statement 

required under section 203(q)(3)(C) of the Act and shall set forth 

complete information concerning the contemplated port facility use, 

including:

 (1) an identification of the property;

 (2) an identification of the applicant;

 (3) a copy of the approved application, which defines the proposed plan 

of use of the property;

 (4) a statement that DOT's determination that the property is located in 

an area of serious economic disruption was made in consultation with the 

Secretary of Labor; and

 (5) a statement that DOT's approval of the economic development plan 

associated with the plan of use of the property was made in consultation 

with the Secretary of Commerce.

 (g) Holding agencies shall cooperate to the fullest extent possible with 

representatives of DOT and the Secretary of Commerce in their inspection 

of such property, and of the Secretary of Labor in affirming that the 

property is in an area of serious economic disruption, and in furnishing 

any information relating thereto.

 (h) In the absence of an assignment recommendation from DOT 

submitted pursuant to paragraph (d) or (e) of this section, and received 

within the 25- calendar-day time limit specified therein, the disposal 

agency shall proceed with other disposal action.

 (i) If, after considering other uses for the property, the disposal agency 

approves the assignment recommendation from DOT, it shall assign the 

property by letter or other document to DOT. If the recommendation is 

disapproved, the disposal agency shall likewise notify DOT. The disposal 

agency shall furnish to the holding agency a copy of the assignment, 

unless the holding agency is also the disposal agency.

 (j) Subsequent to the receipt of the letter of assignment from the 

disposal agency, DOT shall furnish to the disposal agency, a Notice of 

Proposed Conveyance in accordance with section 203(q)(2) of the Act. If 

the disposal agency has not disapproved the proposed transfer within 35 

calendar-days of the receipt of the Notice of Proposed Conveyance, DOT 

may proceed with the conveyance.

 (k) DOT shall furnish the Notice of Proposed Conveyance within 35 

calendar- days after the date of the letter of assignment from the disposal 

agency, prepare the conveyance documents, and take all necessary actions 

to accomplish the conveyance within 15 calendar-days after the expiration

of the 30-calendar-day period provided for the disposal agency to consider 

the notice. DOT shall furnish the disposal agency two conformed copies 

of the instruments conveying property under subsection 203(q) of the Act 

and all related documents containing restrictions or conditions regulating 

the future use, maintenance, or transfer of the property.

 (l) DOT has the responsibility for enforcing compliance with the terms 

and conditions of conveyance; for reformation, correction, or amendment 

of any instrument of conveyance; for the granting of release; and for the 

taking of any necessary actions for recapturing such property in 

accordance with the provisions of subsection 203(q)(4) of the Act. Any 

such action shall be subject to the disapproval of the head of the disposal 

agency. Notice to the head of the disposal agency, by DOT, of any action 

proposed to be taken shall identify the property affected, set forth in detail 

the proposed action, and state the reasons therefor.

 (m) In each case of repossession under a reversion of title by reason of 

noncompliance with the terms or conditions of conveyance or other cause, 

DOT shall, at or prior to such reversion of title, provide the appropriate 

GSA regional office, with an accurate description of the real and related 

personal property involved. Standard Form 118, Report of Excess Real 

Property, and appropriate accompanying schedules shall be used for this 

purpose. Upon receipt of advice from DOT that such property has been 

repossessed, GSA will review and act upon the Standard Form 118. 

However, the grantee shall be required to provide protection and 

maintenance for the property until such time as the title reverts to the 

Federal Government, including the period of any notice of intent to revert. 

Such protection and maintenance shall, at a minimum, conform to the 

standards prescribed in Sec. 101-47.4913.

 

 [FMPR Amdt. H-192, 60 FR 35707, July 11, 1995]

 

Sec. 101-47.309 Disposal of leases, permits, licenses, and similar 

instruments.

 The disposal agency may, subject to such reservations, restrictions, and 

conditions, if any, as the disposal agency deems necessary properly to 

protect the interests of the United States against liability under a lease, 

permit, license, or similar instrument:

 (a) Dispose of the lease or other instrument subject to assumption by 

the transferee of the obligations in the lease or other instrument unless a 

transfer is prohibited by the terms of the lease or other instrument; or 

 (b) Terminate the lease or other instrument by notice or negotiated 

agreement; and

 (c) Dispose of any surplus Government-owned improvements located 

on the premises in the following order by any one or more of the following 

methods:

 (1) By disposition of all or a portion thereof to the transferee of the 

lease or other instrument (not applicable when the lease or other 

instrument is terminated);

 (2) By disposition to the owner of the premises or grantor of a sublease, 

as the case may be, (i) in full satisfaction of a contractual obligation of the 

Government to restore the premises, or (ii) in satisfaction of a contractual 

obligation of the Government to restore the premises plus the payment of 

a money consideration to the Government by the owner or grantor, as the 

case may be, that is fair and reasonable under the circumstances, or (iii) in 

satisfaction of a contractual obligation of the Government to restore the 

premises plus the payment by the Government to the owner or grantor, as 

the case may be, of a money consideration that is fair and reasonable 

under the circumstances; or

 (3) By disposition for removal from the premises. Provided, That any 

negotiated disposals shall be subject to the applicable provisions of Secs. 

101-47.304-9 and 101-47.30-12. The cancellation of the Government's 

restoration obligations in return for the conveyance of the Governmentowned improvements to the lessor is considered a settlement of a 

contractual obligation rather than a disposal of surplus real property and, 
DoD Base Reuse Implementation Manual

December 1997 E-25

therefore, is not subject to the provisions of Secs. 101-47.304-9 and 101-

47.304-12.

 

 [29 FR 16126, Dec. 3, 1964, as amended at 31 FR 16780, Dec. 31, 

1966]

Sec. 101-47.310 Disposal of structures and improvements on 

Government-owned land.

 In the case of Government-owned land, the disposal agency may 

dispose of structures and improvements with the land or separately from 

the land: Provided, That prefabricated movable structures such as Butlertype storage warehouses, and quonset huts, and housetrailers (with or 

without under carriages) reported to GSA with the land on which they are 

located, may, in the discretion of GSA, be designated for disposal as 

personal property for off-site use.

Sec. 101-47.311 Disposal of residual personal property.

 (a) Any related personal property reported to GSA on Standard Form 

118 which is not disposed of by GSA as related to the real property, shall 

be designated by GSA for disposal as personal property.

 (b) Any related personal property which is not disposed of by the 

holding agency, pursuant to the authority contained in Sec. 101-47.302, 

or authority otherwise delegated by the Administrator of General Services 

as related to the real property, shall be disposed of under the applicable 

provisions of Part 101-45.

Sec. 101-47.312 Non-Federal interim use of property.

 (a) A lease or permit may be granted by the holding agency with the 

approval of the disposal agency, for non-Federal interim use of surplus 

property; Provided, That such lease or permit shall be for a period not 

exceeding 1 year and shall be made revocable on not to exceed 30 days' 

notice by the disposal agency: And provided further, That the use and 

occupancy will not interfere with, delay, or retard the disposal of the 

property. In such cases, an immediate right of entry to such property may 

be granted pending execution of the formal lease or permit. The lease or 

permit shall be for a money consideration and shall be on such other terms 

and conditions as are deemed appropriate to properly protect the interest 

of the United States. Any negotiated lease or permit under this section 

shall be subject to the applicable provisions of Secs. 101-47.304-9 and 

101-47.304-12, except that no explanatory statement to the appropriate 

committees of the Congress need to be prepared with respect to a 

negotiated lease or permit providing for an annual net rental of $100,000 

or less, and termination by either part on 30 days' notice.

 (b) [Reserved. 54 FR 41245, Oct. 6, 1989]

 

 [54 FR 41245, Oct. 6, 1989]

Sec. 101-47.313 Easements.

Sec. 101-47.313-1 Disposal of easements to owner of servient 

estate.

 The disposal agency may dispose of an easement to the owner of the 

land which is subject to the easement when the continued use, occupancy, 

or control of the easement is not needed for the operation, production, use, 

or maintenance of property owned or controlled by the Government. A 

determination shall be made by the disposal agency as to whether the 

disposal shall be with or without consideration to the Government on the 

basis of all the circumstances and factors involved and with due regard to 

the acquisition cost of the easement to the Government. The extent of such 

consideration shall be regarded as the appraised fair market value of the 

easement. The disposal agency shall document the circumstances and 

factors leading to such determination and retain such documentation in its 

files.

Sec. 101-47.313-2 Grants of easements in or over Government 

property.

 The disposal agency may grant easements in or over real property on 

appropriate terms and conditions: Provided, That where the disposal 

agency determines that the granting of such easement decreases the value 

of the property, the granting of the easement shall be for a consideration 

not less than the amount by which the fair market value of the property is 

decreased.

Sec. 101-47.314 Compliance.

Sec. 101-47.314-1 General.

 Subject to the provisions of Sec. 101-47.314-2(a), requiring referral of 

criminal matters to the Department of Justice, each disposal agency shall 

perform such investigatory functions as are necessary to insure 

compliance with the provisions of the Act and with the regulations, orders, 

directives, and policy statements of the Administrator of General Services.

Sec. 101-47.314-2 Extent of investigations.

 (a) Referral to other Government agencies. All information indicating 

violations by any person of Federal criminal statutes, or violations of 

section 209 of the Act, including but not limited to fraud against the 

Government, mail fraud, bribery, attempted bribery, or criminal collusion, 

shall be referred immediately to the Department of Justice for further 

investigation and disposition. Each disposal agency shall make available 

to the Department of Justice, or to such other governmental investigating 

agency to which the matter may be referred by the Department of Justice, 

all pertinent information and evidence concerning the indicated violations; 

shall desist from further investigation of the criminal aspects of such 

matters except upon the request of the Department of Justice; and shall 

cooperate fully with the agency assuming final jurisdiction in establishing 

proof of criminal violations. After making the necessary referral to the 

Department of Justice, inquiries conducted by disposal agency compliance 

organizations shall be limited to obtaining information for administrative 

purposes. Where irregularities reported or discovered involve wrongdoing 

on the part of individuals holding positions in Government agencies other 

than the agency initiating the investigation, the case shall be reported 

immediately to the Administrator of General Services for an examination 

in the premises.

 (b) Compliance reports. A written report shall be made of all 

compliance investigations conducted by each agency compliance 

organization. Each disposal agency shall maintain centralized files of all 

such reports at its respective departmental offices. Until otherwise directed 

by the Administrator of General Services, there shall be transmitted 

promptly to the Administrator of General Services one copy of any such 

report which contains information indicating criminality on the part of any 

person or indicating noncompliance with the Act or with the regulations, 

orders, directives and policy statements of the Administrator of General 

Services. In transmitting such reports to the Administrator of General 

Services, the agency shall set forth the action taken or contemplated by the 

agency to correct the improper conditions established by the investigation. 

Where any matter is referred to the Department of Justice, a copy of the 

letter of referral shall be transmitted to the Administrator of General 

Services.

Subpart 101-47.4--Management of Excess and Surplus Real 

Property

Sec. 101-47.400 Scope of subpart.

 This subpart prescribes the policies and methods governing the physical 

care, handling, protection, and maintenance of excess real property and 

surplus real property, including related personal property, within the 

States of the Union, the District of Columbia, the Commonwealth of 

Puerto Rico, American Samoa, Guam, the Trust Territory of the Pacific 

Islands, and the Virgin Islands.

 

 [47 FR 4522, Feb. 1, 1982]

Sec. 101-47.401 General provisions of subpart.

Sec. 101-47.401-1 Policy.

 It is the policy of the Administrator of General Services:

 (a) That the management of excess real property and surplus real 

property, including related personal property, shall provide only those 
41 CFR Part 101-47: Federal Property Management Regulations

E-26 December 1997

minimum services necessary to preserve the Government's interest therein, 

realizable value of the property considered.

 (b) To place excess real property and surplus real property in 

productive use through interim utilization: Provided, That such temporary 

use and occupancy will not interfere with, delay, or retard its transfer to a 

Federal agency or disposal.

 (c) That excess and surplus real property which is dangerous to the 

public health or safety shall be destroyed or rendered innocuous.

Sec. 101-47.401-2 Definitions.

 As used in this subpart, the following terms shall have the meanings set 

forth below:

 (a) Maintenance. The upkeep of property only to the extent necessary to 

offset serious deterioration; also such operation of utilities, including

 water supply and sewerage systems, heating, plumbing, and airconditioning equipment, as may be necessary for fire protection, the needs 

of interim tenants, and personnel employed at the site, and the 

requirements for preserving certain types of equipment.

 (b) Repairs. Those additions or changes that are necessary for the 

protection and maintenance of property to deter or prevent excessive or 

rapid deterioration or obsolescence, and to restore property damaged by 

storm, flood, fire, accident, or earthquake.

Sec. 101-47.401-3 Taxes and other obligations.

 Payments of taxes or payments in lieu of taxes (in the event of the 

enactment hereafter of legislation by Congress authorizing such payments 

upon Government-owned property which is not legally assessable), rents, 

and insurance premiums and other obligations pending transfer or 

disposal shall be the responsibility of the holding agency.

Sec. 101-47.401-4 Decontamination.

 The holding agency shall be responsible for all expense to the 

Government and for the supervision of decontamination of excess and 

surplus real property that has been subjected to contamination with 

hazardous materials of any sort. Extreme care must be exercised in the 

decontamination, and in the management and disposal of contaminated 

property in order to prevent such properties becoming a hazard to the 

general public. The disposal agency shall be made cognizant of any and 

all inherent hazards involved relative to such property in order to protect 

the general public from hazards and to preclude the Government from any 

and all liability resulting from indiscriminate disposal or mishandling of 

contaminated property.

Sec. 101-47.401-5 Improvements or alterations.

 Improvements or alterations which involve rehabilitation, 

reconditioning, conversion, completion, additions, and replacements in 

structures, utilities, installations, and land betterments, may be considered 

in those cases where disposal cannot otherwise be made, but no 

commitment therefor shall be entered into without prior approval of GSA.

Sec. 101-47.401-6 Interim use and occupancy.

 When a revocable agreement to place excess real property or surplus 

real property in productive use has been made, the agency executing the 

agreement shall be responsible for the servicing thereof.

Sec. 101-47.402 Protection and maintenance.

 

 [49 FR 1348, Jan. 11, 1984]

Sec. 101-47.402-1 Responsibility.

 The holding agency shall retain custody and accountability for excess 

and surplus real property including related personal property and shall 

perform the protection and maintenance of such property pending its 

transfer to another Federal agency or its disposal. Guidelines for 

protection and maintenance of excess and surplus real property are in Sec. 

101-47.4913. The holding agency shall be responsible for complying with 

the requirements of the National Oil and Hazardous Substances Pollution 

Contingency Plan and initiating or cooperating with others in the actions 

prescribed for the prevention, containment, or remedy of hazardous 

conditions.

 

 [49 FR 1348, Jan. 11, 1984]

Sec. 101-47.402-2 Expense of protection and maintenance.

 (a) The holding agency shall be responsible for the expense of 

protection and maintenance of such property pending transfer or disposal 

for not more than 12 months, plus the period to the first day of the 

succeeding quarter of the fiscal year after the date that the property is 

available for immediate disposition. If the holding agency requests 

deferral of the disposal, continues to occupy the property beyond the 

excess date to the detriment of orderly disposal, or otherwise takes actions 

which result in a delay in the disposition, the period for which that agency 

is responsible for such expenses shall be extended by the period of delay. 

(See Sec. 101-47.202-9.)

 (b) In the event the property is not transferred to a Federal agency or 

disposed of during the period mentioned in paragraph (a) of this section, 

the expense of protection and maintenance of such property from and after 

the expiration date of said period shall be either paid or reimbursed to the 

holding agency, subject to the limitations herein, which payment or 

reimbursement shall be in the discretion of the disposal agency. The 

maximum amount of protection and maintenance to be paid or reimbursed 

by the disposal agency will be specified in a written agreement between 

the holding agency and the disposal agency, but such payment or 

reimbursement is subject to the appropriations by Congress to the disposal 

agency of funds sufficient to make such payment or reimbursement. In 

accordance with the written agreement, the disposal agency and the 

holding agency will sign an obligational document only if and when 

Congress actually appropriates to the disposal agency, pursuant to its 

request, funds sufficient to pay or reimburse the holding agency for 

protection and maintenance expenses, as agreed. In the absence of a 

written agreement, the holding agency shall be responsible for all 

expenses of protection and maintenance, without any right of contribution 

or reimbursement from the disposal agency.

 

 [49 FR 1348, Jan. 11, 1984]

Sec. 101-47.403 Assistance in disposition.

 The holding agency is expected to cooperate with the disposal agency 

in showing the property to prospective transferees or purchasers. Unless 

extraordinary expenses are incurred in showing the property, the holding 

agency shall absorb the entire cost of such actions. (See Sec. 101-47.304-

5.)

 [36 FR 3894, Mar. 2, 1971]

Subpart 101-47.5--Abandonment, Destruction, or Donation to 

Public Bodies

Sec. 101-47.500 Scope of subpart.

 (a) This subpart prescribes the policies and methods governing the 

abandonment, destruction, or donation to the public bodies by Federal 

agencies of real property located within the States of the Union, the 

District of Columbia, the Commonwealth of Puerto Rico, American 

Samoa, Guam, the Trust Territory of the Pacific Islands, and the Virgin 

Islands.

 (b) The subpart does not apply to surplus property assigned for disposal 

to educational or public health institutions pursuant to section 203(k) of 

the Act.

 

 [29 FR 16126, Dec. 3, 1964, as amended at 47 FR 4522, Feb. 1, 1982]

Sec. 101-47.501 General provisions of subpart.

Sec. 101-47.501-1 Definitions.

 (a) "No commercial value" means real property, including related 

personal property, which has no reasonable prospect of being disposed of 

at a consideration.
DoD Base Reuse Implementation Manual

December 1997 E-27

 (b) "Public body" means any State of the United States, the District of 

Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, or any 

political subdivision, agency, or instrumentality of the foregoing.

Sec. 101-47.501-2 Authority for disposal.

 Subject to the restrictions in Sec. 101-47.502 and Sec. 101-47.503, any 

Federal agency having control of real property which has no commercial 

value or of which the estimated cost of continued care and handling would 

exceed the estimated proceeds from its sale, is authorized:

 (a) To abandon or destroy Government-owned improvements and 

related personal property located on privately owned land.

 (b) To destroy Government-owned improvements and related personal 

property located on Government-owned land. Abandonment of such 

property is not authorized.

 (c) To donate to public bodies any real property (land and/or 

improvements and related personal property), or interests therein, owned 

by the Government.

Sec. 101-47.501-3 Dangerous property.

 No property which is dangerous to public health or safety shall be 

abandoned, destroyed, or donated to public bodies pursuant to this subpart 

without first rendering such property innocuous or providing adequate 

safeguards therefor.

Sec. 101-47.501-4 Findings.

 (a) No property shall be abandoned, destroyed, or donated by a Federal 

agency under Sec. 101-47.501-2, unless a duly authorized official of that 

agency finds, in writing, either that (1) such property has no commercial 

value, or (2) the estimated cost of its continued care and handling would 

exceed the estimated proceeds from its sale. Such finding shall not be 

made by any official directly accountable for the property covered 

thereby.

 (b) Whenever all the property proposed to be disposed of hereunder by 

a Federal agency at any one location at any one time had an original cost 

(estimated if not known) of more than $1,000, findings made under Sec. 

101- 47.501-4(a), shall be approved by a reviewing authority before any 

such disposal.

Sec. 101-47.502 Donations to public bodies.

Sec. 101-47.502-1 Cost limitations.

 No improvements on land or related personal property having an 

original cost (estimated if not known) in excess of $250,000 and no land, 

regardless of cost, shall be donated to public bodies without the prior 

concurrence of GSA. The request for such concurrence shall be made to 

the regional office of GSA for the region in which the property is located.

Sec. 101-47.502-2 Disposal costs.

 Any public body receiving improvements on land or related personal 

property pursuant to this subpart shall pay the disposal costs incident to 

the donation, such as dismantling, removal, and the cleaning up of the 

premises.

Sec. 101-47.503 Abandonment and destruction.

Sec. 101-47.503-1 General.

 (a) No improvements on land or related personal property shall be 

abandoned or destroyed by a Federal agency unless a duly authorized 

official of that agency finds, in writing, that donation of such property in 

accordance with the provisions of this subpart is not feasible. This finding 

shall be in addition to the finding prescribed in Sec. 101-47.501-4. If at 

any time prior to actual abandonment or destruction the donation of the 

property pursuant to this subpart becomes feasible, such donation will be 

accomplished.

 (b) No abandonment or destruction shall be made in a manner which is 

detrimental or dangerous to public health or safety or which will cause 

infringement of the rights of other persons.

 (c) The concurrence of GSA shall be obtained prior to the abandonment 

or destruction of improvements on land or related personal property (1) 

which had an original cost (estimated if not known) of more than 

$50,000, or (2) which are of permanent type construction, or (3) where 

their retention would enhance the value of the underlying land, if it were 

to be made available for sale or lease.

Sec. 101-47.503-2 Notice of proposed abandonment or destruction.

 Except as provided in Sec. 101-47.503-3, improvements on land or 

related personal property shall not be abandoned or destroyed by a 

Federal agency until after public notice of such proposed abandonment or 

destruction. Such notice shall be given in the area in which the property is 

located, shall contain a general description of the property to be 

abandoned or destroyed, and shall include an offering of the property for 

sale. A copy of such notice shall be given to the regional office of GSA for 

the region in which the property is located.

Sec. 101-47.503-3 Abandonment or destruction without notice.

 If (a) the property had an original cost (estimated if not known) of not 

more than $1,000; or (b) its value is so low or the cost of its care and 

handling so great that its retention in order to post public notice is clearly 

not economical; or (c) immediate abandonment or destruction is required 

by considerations of health, safety, or security; or (d) the assigned mission 

of the agency might be jeopardized by the delay, and a finding with 

respect to paragraph (a), (b), (c), or (d) of this section, is made in writing 

by a duly authorized official of the Federal agency and approved by a 

reviewing authority, abandonment or destruction may be made without 

public notice. Such a finding shall be in addition to the findings prescribed 

in Secs. 101-47.501-4 and 101-47.503-1(a).

Subpart 101-47.6--Delegations

Sec. 101-47.600 Scope of subpart.

 This subpart sets forth the special delegations of authority granted by 

the Administrator of General Services to other agencies for the utilization 

and disposal of certain real property pursuant to the Act.

Sec. 101-47.601 Delegation to Department of Defense.

 (a) Authority is delegated to the Secretary of Defense to determine that 

excess real property and related personal property under the control of the 

Department of Defense having a total estimated fair market value, 

including all the component units of the property, of less than $15,000 as 

determined by the Department of Defense, is not required for the needs 

and responsibilities of Federal agencies; and thereafter to dispose of said 

property by means deemed advantageous to the United States.

 (b) Prior to such determination and disposal, the Secretary of Defense 

shall take steps as may be appropriate to determine that the property is not 

required for the needs of any Federal agency.

 (c) The authority conferred in this Sec. 101-47.601 shall be exercised 

in accordance with the Act and regulations issued pursuant thereto, except 

that the reporting of such property to GSA under Subpart 101-47.2 shall 

not be required.

 (d) The authority delegated in this Sec. 101-47.601 may be redelegated 

to any officer or employee of the Department of Defense.

 

 [29 FR 16126, Dec. 3, 1964, as amended at 31 FR 16780, Dec. 31, 

1966; 56 FR 56935, Nov. 7, 1991]

 

Sec. 101-47.602 Delegation to the Department of Agriculture.

 (a) Authority is delegated to the Secretary of Agriculture to determine 

that excess real property and related personal property under the control of 

the Department of Agriculture having a total estimated fair market value, 

including all the component units of the property, of less than $15,000 as 

determined by the Department of Agriculture, is not required for the needs 

and responsibilities of Federal agencies; and thereafter to dispose of said 

property by means deemed advantageous to the United States.

 (b) Prior to such determination and disposal, the Secretary of 

Agriculture shall take steps as may be appropriate to determine that the 

property is not required for the needs of any Federal agency.

 (c) The authority conferred in this Sec. 101-47.602 shall be exercised 

in accordance with the Act and regulations issued pursuant thereto, except 
41 CFR Part 101-47: Federal Property Management Regulations

E-28 December 1997

that the reporting of such property to GSA under Subpart 101-47.2 shall 

not be required.

 (d) The authority delegated in this Sec. 101-47.602 may be redelegated 

to any officer or employee of the Department of Agriculture.

 

 [29 FR 16126, Dec. 3, 1964, as amended at 31 FR 16780, Dec. 31, 

1966; 56 FR 56936, Nov. 7, 1991]

 

Sec. 101-47.603 Delegations to the Secretary of the Interior.

 (a) Authority is delegated to the Secretary of the Interior to maintain 

custody and control of an accountability for those mineral resources 

which may be designated from time to time by the Administrator or his 

designee and which underlie Federal property currently utilized or excess 

or surplus to the Government's needs. Authority is also delegated to the 

Secretary to dispose of such mineral resources by lease and to administer 

any leases which are made.

 (1) The Secretary may redelegate this authority to any officer, official, 

or employee of the Department of the Interior.

 (2) Under this authority, the Secretary of the Interior, as head of the 

holding agency is responsible for the following: (i) Maintaining proper 

inventory records, and (ii) monitoring the minerals as necessary to ensure 

that no unauthorized mining or removal of the minerals occurs.

 (3) Under this authority, the Secretary of the Interior, as head of the 

disposal agency, is responsible for the following: (i) Securing, in 

accordance with Sec. 101-47.303-4, any appraisals deemed necessary by 

the Secretary; (ii) coordinating with all surface landowners, Federal or 

otherwise, so as not to unduly interfere with the surface use; (iii) ensuring 

that the lands which may be disturbed or damaged are restored after 

removal of the mineral deposits is completed; and (iv) notifying the 

Administrator when the disposal of all marketable mineral deposits has 

been completed.

 (4) The Secretary of the Interior, as head of the disposal agency, is 

responsible for complying with the applicable environmental laws and 

regulations, including (i) the National Environmental Policy Act of 1969, 

as amended (42 U.S.C. 4321, et seq.) and the implementing regulations 

issued by the Council on Environmental Quality (40 CFR Part 1500); (ii) 

Section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. 

470f); and (iii) the Coastal Zone Management Act of 1972 (16 U.S.C. 

1451, et seq.) and the Department of Commerce implementing regulations 

(15 CFR Parts 923 and 930).

 (5) The Secretary of the Interior will forward promptly to the 

Administrator copies of any agreements executed under this authority.

 (6) The Secretary of the Interior will provide to the Administrator an 

annual accounting of the proceeds received from leases executed under 

this authority.

 (b) Authority is delegated to the Secretary of the Interior to determine 

that excess real property and related personal property under his control 

having a total estimated fair market value, including all components of 

the property, of less than $15,000 as determined by the Secretary, is not 

required for the needs and responsibilities of Federal agencies; and 

thereafter to dispose of the property by means most advantageous to the 

United States.

 (1) Prior to such determination and disposal, the Secretary of the 

Interior shall determine that the property is not required for the needs of 

any Federal agency.

 (2) The authority conferred in this Sec. 101-47.603 (b) shall be 

exercised in accordance with the Act and regulations issued pursuant 

thereto, except that the reporting of such property to GSA under Subpart 

101-47.2 shall not be required.

 (3) The authority delegated in this Sec. 101-47.603(b) may be 

redelegated to any officer or employee of the Department of the Interior.

 

 [48 FR 50893, Nov. 4, 1983, as amended at 56 FR 56936, Nov. 7, 

1991]

 

Sec. 101-47.604 Delegation to the Department of the Interior, the 

Department of Health and Human Services, and the Department of 

Education.

 (a) The Secretary of the Interior, the Secretary of Health and Human 

Services, and the Secretary of Education, are delegated authority to 

transfer and to retransfer to each other, upon request, any of the property 

of either agency which is being used and will continue to be used in the 

administration of any functions relating to the Indians. The term 

"property," as used in this Sec. 101-47.604, includes real property and 

such personal property as the Secretary making the transfer or retransfer 

determines to be related personal property.

 (b) This authority shall be exercised only in connection with property 

which the Secretary transferring or retransferring such property 

determines:

 (1) Comprises a functional unit;

 (2) Is located within the United States; and

 (3) Has an acquisition cost of $100,000 or less: Provided, however, 

That the transfer or retransfer shall not include property situated in any 

area which is recognized as an urban area or place for the purpose of the 

most recent decennial census.

 (c) No screening of the property as required by the regulations in this 

Part 101-47 need be conducted, it having been determined that such 

screening among Federal agencies would accomplish no useful purpose 

since the property which is subject to transfer or retransfer hereunder will 

continue to be used in the administration of any functions relating to the 

Indians.

 (d) Any such transfer or retransfer of a specific property shall be 

without reimbursement except:

 (1) Where funds programmed and appropriated for acquisition of the 

property are available to the Secretary requesting the transfer or 

retransfer; or

 (2) Whenever reimbursement at fair value is required by Subpart 101-

47.2.

 (e) Where funds were not programed and appropriated for acquisition 

of the property, the Secretary requesting the transfer or retransfer shall so 

certify. Any determination necessary to carry out the authority contained 

in this Sec. 101-47.604 which otherwise would be required under this part 

to be made by GSA shall be made by the Secretary transferring or 

retransferring the property.

 (f) The authority conferred in this Sec. 101-47.604 shall be exercised in 

accordance with such other provisions of the regulations of GSA issued 

pursuant to the Act as may be applicable.

 (g) The Secretary of the Interior, the Secretary of Health and Human 

Services, and the Secretary of Education, are authorized to redelegate any

of the authority contained in this Sec. 101-47.604 to any officers or 

employees of their respective departments.

 

 [29 FR 16126, Dec. 3, 1964, as amended at 56 FR 56936, Nov. 7, 

1991]

Subpart 101-47.7--Conditional Gifts of Real Property To 

Further the Defense Effort

Sec. 101-47.700 Scope of subpart.

 This subpart provides for acceptance or rejection on behalf of the 

United States of any gift of real property offered on condition that it be 

used for a particular defense purpose and for subsequent disposition of 

such property (Act of July 27, 1954, (50 U.S.C. 1151-1156)).

 

 [40 FR 12079, Mar. 17, 1975]

Sec. 101-47.701 Offers and acceptance of conditional gifts.

 (a) Any agency receiving an offer of a conditional gift of real property 

for a particular defense purpose within the purview of the Act of July 27, 

1954, shall notify the appropriate regional office of GSA and shall submit 

a recommendation as to acceptance or rejection of the gift.

 (b) Prior to such notification, the receiving agency shall acknowledge 

receipt of the offer and advise the donor of its referral to the GSA regional 

office, but should not indicate acceptance or rejection of the gift on behalf 
DoD Base Reuse Implementation Manual

December 1997 E-29

of the United States. A copy of the acknowledgment shall accompany the 

notification and recommendation to the regional office.

 (c) When the gift is determined to be acceptable and it can be accepted 

and used in the form in which offered, it will be transferred without 

reimbursement to an agency designated by GSA for use for the particular 

purpose for which it was donated.

 (d) If the gift is one which GSA determines may and should be 

converted to money, the funds, after conversion, will be deposited with the 

Treasury Department for transfer to an appropriate account which will 

best effectuate the intent of the donor, in accordance with Treasury 

Department procedures.

Sec. 101-47.702 Consultation with agencies.

 Such conditional gifts of real property will be accepted or rejected on 

behalf of the United States or transferred to an agency by GSA, only after 

consultation with the interested agencies.

Sec. 101-47.703 Advice of disposition.

 GSA will advise the donor and the agencies concerned of the action 

taken with respect to acceptance or rejection of the conditional gift and of 

its final disposition.

Sec. 101-47.704 Acceptance of gifts under other laws.

 Nothing in this Subpart 101-47.7 shall be construed as applicable to the 

acceptance of gifts under the provisions of other laws.

Subpart 101-47.8--Identification of Unneeded Federal Real 

Property

Sec. 101-47.800 Scope of subpart.

 This subpart is designed to implement, in part, section 2 of Executive 

Order 12512, which provides, in part, that the Administrator of General 

Services shall provide Governmentwide policy, oversight and guidance 

for Federal real property management. The Administrator of General 

Services shall issue standards, procedures, and guidelines for the conduct 

of surveys of real property holdings of Executive agencies on a continuing 

basis to identify properties which are not utilized, are underutilized, or are 

not being put to their optimum use; and make reports describing any 

property or portion thereof which has not been reported excess to the 

requirements of the holding agency and which, in the judgment of the 

Administrator, is not utilized, is underutilized, or is not being put to 

optimum use, and which he recommends should be reported as excess 

property. The provisions of this subpart are presently limited to fee-owned 

properties and supporting leaseholds and lesser interests located within the 

States of the United States, the District of Columbia, the Commonwealth 

of Puerto Rico, American Samoa, Guam, the Trust Territory of the 

Pacific Islands, and the Virgin Islands. The scope of this subpart may be 

enlarged at a later date to include real property in additional geographical 

areas and other interests in real property.

 

 [51 FR 193, Jan. 3, 1986]

Sec. 101-47.801 Standards.

 Each executive agency shall use the following standards in identifying 

unneeded Federal property.

 (a) Definitions--(1) Not utilized. "Not utilized" means an entire 

property or portion thereof, with or without improvements, not occupied 

for current program purposes of the accountable executive agency, or 

occupied in caretaker status only.

 (2) Underutilized. "Underutilized" means an entire property or portion 

thereof, with or without improvements:

 (i) Which is used only at irregular periods or intermittently by the 

accountable executive agency for current program purposes of that 

agency; or

 (ii) Which is used for current program purposes that can be satisfied 

with only a portion of the property.

 (3) Not being put to optimum use. "Not being put to optimum use" 

means an entire property or portion thereof, with or without 

improvements, which:

 (i) Even though utilized for current program purposes of the 

accountable executive agency is of such nature or value, or is in such a 

location that it could be utilized for a different significantly higher and 

better purpose; or

 (ii) The costs of occupying are substantially higher than would be

 applicable for other suitable properties that could be made available to 

the accountable executive agency through transfer, purchase, or lease with 

total net savings to the Government after consideration of property values 

as well as costs of moving, occupancy, efficiency of operations, 

environmental effects, regional planning, and employee morale.

 (b) Guidelines. The following general guidelines shall be considered by 

each executive agency in its annual review (see Sec. 101-47.802):

 (1) Is the property being put to its highest and best use?

 (i) Consider such aspects as surrounding neighborhood, zoning, and 

other environmental factors;

 (ii) Is present use compatible with State, regional, or local development 

plans and programs?

 (iii) Consider whether Federal use of the property would be justified if 

rental charge equivalent to commercial rates were added to the program 

costs for the function it is serving.

 (2) Are operating and maintenance costs excessive compared with those 

of other similar facilities?

 (3) Will contemplated program changes alter property requirements?

 (4) Is all of the property essential for program requirements?

 (5) Will local zoning provide sufficient protection for necessary buffer 

zones if a portion of the property is released?

 (6) Are buffer zones kept to a minimum?

 (7) Is the present property inadequate for approved future programs?

 (8) Can net savings to the Nation be realized through relocation 

considering property prices or rentals, costs of moving, occupancy, and 

increase in efficiency of operations?

 (9) Have developments on adjoining nonfederally owned land or public 

access or road rights-of-way granted across the Government-owned land 

rendered the property or any portion thereof unsuitable or unnecessary for 

program requirements?

 (10) If Federal employees are housed in Government-owned residential 

property, is the local market willing to acquire Government-owned 

housing or can it provide the necessary housing and other related services 

that will permit the Government-owned housing area to be released? 

(Provide statistical data on cost and availability of housing on the local 

market.)

 (11) Can the land be disposed of and program requirements satisfied 

through reserving rights and interests to the Government in the property if 

it is released?

 (12) Is a portion of any property being retained primarily because the 

present boundaries are marked by the existence of fences, hedges, roads, 

and utility systems?

 (13) Is any land being retained merely because it is considered 

undesirable property due to topographical features or to encumbrances for 

rights-of-way or because it is believed to be not disposable?

 (14) Is land being retained merely because it is landlocked?

 (15) Is there land or space in Government-owned buildings that can be 

made available for utilization by others within or outside Government on 

a temporary basis?

 [35 FR 5261, Mar. 28, 1970, as amended at 37 FR 5030, Mar. 9, 1972; 

40 FR 12079, Mar. 17, 1975]

Sec. 101-47.802 Procedures.

 (a) Executive agency annual review. Each executive agency shall make 

an annual review of its property holdings.

 (1) In making such annual reviews, each executive agency shall use the 

standards set forth in Sec. 101-47.801 in identifying property that is not 

utilized, is underutilized, or is not being put to its optimum use.

 (2) A written record of the review of each individual facility shall be 

prepared. The written review record shall contain comments relative to 

each of the above guidelines and an overall map of the facility showing 

property boundaries, major land uses, improvements, safety zones, 

proposed uses, and regulations or other authorizations that sanction the 
41 CFR Part 101-47: Federal Property Management Regulations

E-30 December 1997

requirement for and usage made of or proposed for individual parcels of 

the property. A copy of the review record shall be made available to GSA 

upon request or to the GSA survey representative at the time of the survey 

of each individual facility.

 (3) Each executive agency shall, as a result of its annual review, 

determine, in its opinion, whether any portion of its property is not 

utilized, is underutilized, or is not being put to optimum use. With regard 

to each property, the following actions shall be taken:

 (i) When the property or a portion thereof is determined to be not 

utilized, the executive agency shall:

 (A) Initiate action to release the property; or

 (B) Hold for a foreseeable future program use upon determination by 

the head of the executive agency. Such determination shall be fully and 

completely documented and the determination and documentation kept 

available for GSA review (see Sec. 101-47.802(b)(3)(ii)(B)). If property 

of this type which is being held for future use can be made available for 

temporary use by others, the executive agency shall notify the appropriate 

regional office of GSA before any permit or license for use is issued to 

another Federal agency or before any out-lease is granted by the executive 

agency. GSA will advise the executive agency whether the property 

should be permitted to another Federal agency for temporary use and will 

advise the executive agency the name of the Federal agency to whom the 

permit shall be granted.

 (ii) When the property is determined to be underutilized, the executive 

agency shall:

 (A) Limit the existing program to a reduced area and initiate action to 

release the remainder; or

 (B) Shift present use imposed on the property to another property so 

that release action may be initiated for the property under review.

 (iii) When, based on an indepth study and evaluation, it is determined 

that the property is not being put to its optimum use, the executive agency 

shall relocate the current program whenever a suitable alternate site, 

necessary funding, and legislative authority are available to accomplish 

that purpose. When the site, funding, or legislative authority are not 

available, a special report shall be made to the appropriate regional office 

of GSA for its consideration in obtaining possible assistance in 

accomplishing relocation.

 (b) GSA Survey. Pursuant to section 2 of Executive Order 12512, GSA 

will conduct, on a continuing basis, surveys of real property holdings of 

all Executive agencies to identify properties which, in the judgment of the 

Administrator of General Services, are not utilized, are underutilized, or 

are not being put to their optimum use.

 (1) GSA surveys of the real property holdings of executive agencies 

will be conducted by officials of the GSA Central Office and/or regional 

offices of GSA for the property within the geographical area of each 

region.

 (i) The head of the field office of the agency having accountability for 

the facility will be notified in advance of a scheduled GSA survey and 

furnished at that time with copies of these regulations.

 (ii) The head of that field office shall arrange for an appropriate official 

of the executive agency having necessary authority, and who is

sufficiently knowledgeable concerning the property and current and future 

program uses of the property, to be available to assist the GSA 

representative in his survey.

 (2) [Reserved]

 (3) To facilitate the GSA survey, executive agencies shall:

 (i) Cooperate fully with GSA in its conduct of the surveys; and

 (ii) Make available to the GSA survey representative records and 

information pertinent to the description and to the current and proposed 

use of the property such as:

 (A) Brief description of facilities (number of acres, buildings, and 

supporting facilities);

 (B) The most recent utilization report or analysis made of the property 

including the written record of the annual review made by the agency, 

pursuant to Sec. 101-47.802(a), together with any supporting documents;

 (C) Detail maps which show property boundaries, major land uses, 

improvements, safety zones, proposed uses, and regulations or other 

authorizations that sanction the usage made or proposed for individual 

parcels or the entire property; drawings; and layout plans.

 (4) Upon receipt of notification of the pending GSA survey, the 

executive agency shall initiate action immediately to provide the GSA 

representative with an escort into classified or sensitive areas or to inform 

that representative of steps that must be taken to obtain necessary special 

security clearances or both.

 (5) Upon completion of the field work for the survey:

 (i) The GSA representative will so inform the executive agency 

designated pursuant to 101-47.802(b)(1). To avoid any possibility of 

misunderstanding or premature publicity, conclusions and 

recommendations will not be discussed with this official. However, survey 

teams should discuss the facts they have obtained with local officials at 

the end of the survey to ensure that all information necessary to conduct a 

complete survey is obtained. The GSA representative will evaluate and 

incorporate the results of the field work into a survey report and forward 

the survey report to the GSA Central Office.

 (ii) The GSA Central Office will notify the head of the Executive 

agency or his designee, in writing, of the survey findings and/or 

recommendations. A copy of the survey report will be enclosed when a 

recommendation is made that some or all of the real property should be 

reported excess, and the comments of the Executive agency will be 

requested thereon. The Executive agency will be afforded 45 calendar 

days from the date of the notice in which to submit such comments. If the 

case is resolved, GSA Central Office will notify the head of the Executive 

agency or his designee, in writing, of the resolution, and the case will be 

completed at such time as the agency completes all resolved excess and/or 

disposal actions. The agency will be afforded a period of 90 calendar days 

from the date of the notice to complete such actions.

 (iii)-(iv) [Reserved]

 (v) If the case is not resolved, the GSA Central Office will request 

assistance of the Executive Office of the President to obtain resolution.

 

 [35 FR 5261, Mar. 28, 1970, as amended at 36 FR 7215, Apr. 16, 

1971; 37 FR 5030, Mar. 9, 1972; 42 FR 40698, Aug. 11, 1977; 48 FR 

25200, June 6, 1983; 51 FR 194, Jan. 3, 1986]

Subpart 101-47.9 Use of Federal Real Property to Assist the 

Homeless

SOURCE: 56 FR 23794, May 24, 1991, unless otherwise noted.

Sec. 101-47.901 Definitions.

 Applicant means any representative of the homeless which has 

submitted an application to the Department of Health and Human 

Services to obtain use of a particular suitable property to assist the 

homeless.

 Checklist or property checklist means the form developed by HUD for 

use by landholding agencies to report the information to be used by HUD 

in making determinations of suitability.

 Classification means a property's designation as unutilized, 

underutilized, excess, or surplus.

 Day means one calendar day including weekends and holidays.

 Eligible organization means a State, unit of local government or a 

private non-profit organization which provides assistance to the homeless, 

and which is authorized by its charter or by State law to enter into an 

agreement with the Federal government for use of real property for the 

purposes of this subpart. Representatives of the homeless interested in 

receiving a deed for a particular piece of surplus Federal property must be 

section 501(c)(3) tax exempt.

 Excess property means any property under the control of any Federal 

executive agency that is not required for the agency's needs or the 

discharge of its responsibilities, as determined by the head of the agency 

pursuant to 40 U.S.C. 483.

 GSA means the General Services Administration.

 HHS means the Department of Health and Human Services.

 Homeless means:

 (1) An individual or family that lacks a fixed, regular, and adequate 

nighttime residence; and

 (2) An individual or family that has a primary nighttime residence that 

is:
DoD Base Reuse Implementation Manual

December 1997 E-31

 (i) A supervised publicly or privately operated shelter designed to 

provide temporary living accommodations (including welfare hotels, 

congregate shelters, and transitional housing for the mentally ill);

 (ii) An institution that provides a temporary residence for individuals 

intended to be institutionalized; or

 (iii) A public or private place not designed for, or ordinarily used as, a 

regular sleeping accommodation for human beings. This term does not 

include any individual imprisoned or otherwise detained under an Act of 

the Congress or a State law.

 HUD means the Department of Housing and Urban Development.

 ICH means the Interagency Council on the Homeless.

 Landholding agency means a Federal department or agency with 

statutory authority to control real property.

 Lease means an agreement between either the Department of Health 

and Human Services for surplus property, or landholding agencies in the 

case of non- excess properties or properties subject to the Base Closure 

and Realignment Act (Public Law 100-526; 10 U.S.C. 2687), and the 

applicant, giving rise to the relationship of lessor and lessee for the use of 

Federal real property for a term of at least one year under the conditions 

set forth in the lease document.

 Non-profit organization means an organization no part of the net 

earnings of which inures to the benefit of any member, founder, 

contributor, or individual; that has a voluntary board; that has an 

accounting system or has designated an entity that will maintain a 

functioning accounting system for the organization in accordance with 

generally accepted accounting procedures; and that practices 

nondiscrimination in the provision of assistance.

 Permit means a license granted by a landholding agency to use 

unutilized or underutilized property for a specific amount of time under 

terms and conditions determined by the landholding agency.

 Property means real property consisting of vacant land or buildings, or 

a portion thereof, that is excess, surplus, or designated as unutilized or 

underutilized in surveys by the heads of landholding agencies conducted 

pursuant to section 202(b)(2) of the Federal Property and Administrative 

Services Act of 1949 (40 U.S.C. 483(b)(2).)

 Regional Homeless Coordinator means a regional coordinator of the 

Interagency Council on the Homeless.

 Representative of the Homeless means a State or local government 

agency, or private nonprofit organization which provides, or proposes to 

provide, services to the homeless.

 Screen means the process by which GSA surveys Federal agencies, or 

State, local and non-profit entities, to determine if any such entity has an 

interest in using excess Federal property to carry out a particular agency 

mission or a specific public use.

 State Homeless Coordinator means a state contact person designated by 

a state to receive and disseminate information and communications 

received from the Interagency Council on the Homeless in accordance 

with section 210(a) of the Stewart B. McKinney Act of 1987, as 

amended.

 Suitable property means that HUD has determined that a particular 

property satisfies the criteria listed in Sec. 101-47.906.

 Surplus property means any excess real property not required by any 

Federal landholding agency for its needs or the discharge of its 

responsibilities, as determined by the Administrator of GSA.

 Underutilized means an entire property or portion thereof, with or 

without improvements which is used only at irregular periods or 

intermittently by the accountable landholding agency for current program 

purposes of that agency, or which is used for current program purposes 

that can be satisfied with only a portion of the property.

 Unsuitable property means that HUD has determined that a particular 

property does not satisfy the criteria in Sec. 101-47.906.

 Unutilized property means an entire property or portion thereof, with or 

without improvements, not occupied for current program purposes for the 

accountable executive agency or occupied in caretaker status only.

 

Sec. 101-47.902 Applicability.

 (a) This part applies to Federal real property which has been designated 

by Federal landholding agencies as unutilized, underutilized, excess or 

surplus and is therefore subject to the provisions of title V of the 

McKinney Act (42 U.S.C. 11411).

 (b) The following categories of properties are not subject to this subpart 

(regardless of whether they may be unutilized or underutilized).

 (1) Machinery and equipment.

 (2) Government-owned, contractor-operated machinery, equipment, 

land, and other facilities reported excess for sale only to the using 

contractor and subject to a continuing military requirement.

 (3) Properties subject to special legislation directing a particular action.

 (4) Properties subject to a Court Order.

 (5) Property not subject to survey requirements of Executive Order 

12512 (April 29, 1985).

 (6) Mineral rights interests.

 (7) Air Space interests.

 (8) Indian Reservation land subject to section 202(a)(2) of the Federal 

Property and Administrative Service Act of 1949, as amended.

 (9) Property interests subject to reversion.

 (10) Easements.

 (11) Property purchased in whole or in part with Federal funds if title to 

the property is not held by a Federal landholding agency as defined in this 

Part.

Sec. 101-47.903 Collecting the information.

 (a) Canvass of landholding agencies. On a quarterly basis, HUD will 

canvass landholding agencies to collect information about property 

described as unutilized, underutilized, excess, or surplus, in surveys 

conducted by the agencies under section 202 of the Federal Property and 

Administrative Services Act (40 U.S.C. 483), Executive Order 12512, 

and 41 CFR part 101- 47.800. Each canvass will collect information on 

properties not previously reported and about property reported previously 

the status or classification of which has changed or for which any of the 

information reported on the property checklist has changed.

 (1) HUD will request descriptive information on properties sufficient to 

make a reasonable determination, under the criteria described below, of 

the suitability of a property for use as a facility to assist the homeless.

 (2) HUD will direct landholding agencies to respond to requests for 

information within 25 days of receipt of such requests.

 (b) Agency Annual Report. By December 31 of each year, each 

landholding agency must notify HUD regarding the current availability 

status and classification of each property controlled by the agency that:

 (1) Was included in a list of suitable properties published that year by 

HUD, and

 (2) Remains available for application for use to assist the homeless, or 

has become available for application during that year.

 (c) GSA Inventory. HUD will collect information, in the same manner 

as described in paragraph (a) of this section, from GSA regarding property 

that is in GSA's current inventory of excess or surplus property.

 (d) Change in Status. If the information provided on the property 

checklist changes subsequent to HUD's determination of suitability, and 

the property remains unutilized, underutilized, excess or surplus, the 

landholding agency shall submit a revised property checklist in response 

to the next quarterly canvass. HUD will make a new determination of 

suitability and, if it differs from the previous determination, republish the 

property information in the Federal Register. For example, property 

determined unsuitable for national security concerns may no longer be 

subject to security restrictions, or property determined suitable may 

subsequently be found to be contaminated.

Sec. 101-47.904 Suitability determination.

 (a) Suitability determination. Within 30 days after the receipt of 

information from landholding agencies regarding properties which were 

reported pursuant to the canvass described in Sec. 101-47.903(a), HUD 

will determine, under criteria set forth in Sec. 101-47.906, which 

properties are suitable for use as facilities to assist the homeless and report 

its determination to the landholding agency. Properties that are under 

lease, contract, license, or agreement by which a Federal agency retains a 

real property interest or which are scheduled to become unutilized or 

underutilized will be reviewed for suitability no earlier than six months 

prior to the expected date when the property will become unutilized or 

underutilized, except that properties subject to the Base Closure and 
41 CFR Part 101-47: Federal Property Management Regulations

E-32 December 1997

Realignment Act may be reviewed up to eighteen months prior to the 

expected date when the property will become unutilized or underutilized.

 (b) Scope of suitability. HUD will determine the suitability of a 

property for use as a facility to assist the homeless without regard to any 

particular use.

 (c) Environmental information. HUD will evaluate the environmental 

information contained in property checklists forwarded to HUD by the 

landholding agencies solely for the purpose of determining suitability of 

properties under the criteria in Sec. 101-47.906.

 (d) Written record of suitability determination. HUD will assign an 

identification number to each property reviewed for suitability. HUD will 

maintain a written public record of the following:

 (1) The suitability determination for a particular piece of property, and 

the reasons for that determination; and

 (2) The landholding agency's response to the determination pursuant to 

the requirements of Sec. 101-47.907(a).

 (e) Property determined unsuitable. Property that is reviewed by HUD 

under this section and that is determined unsuitable for use to assist the 

homeless may not be made available for any other purpose for 20 days 

after publication in the Federal Register of a Notice of unsuitability to 

allow for review of the determination at the request of a representative of 

the homeless.

 (f) Procedures for appealing unsuitability determinations.

 (1) To request review of a determination of unsuitability, a 

representative of the homeless must contact HUD within 20 days of 

publication of notice in the Federal Register that a property is unsuitable. 

Requests may be submitted to HUD in writing or by calling 1-800-927-

7588 (Toll Free). Written requests must be received no later than 20 days 

after notice of unsuitability is published in the Federal Register.

 (2) Requests for review of a determination of unsuitability may be 

made only by representatives of the homeless, as defined in section 101-

47.901.

 (3) The request for review must specify the grounds on which it is 

based, i.e., that HUD has improperly applied the criteria or that HUD has 

relied on incorrect or incomplete information in making the determination 

(e.g., that property is in a floodplain but not in a floodway).

 (4) Upon receipt of a request to review a determination of unsuitability, 

HUD will notify the landholding agency that such a request has been 

made, request that the agency respond with any information pertinent to 

the review, and advise the agency that it should refrain from initiating 

disposal procedures until HUD has completed its reconsideration 

regarding unsuitability.

 (i) HUD will act on all requests for review within 30 days of receipt of 

the landholding agency's response and will notify the representative of the 

homeless and the landholding agency in writing of its decision.

 (ii) If a property is determined suitable as a result of the review, HUD 

will request the landholding agency's determination of availability 

pursuant to Sec. 101-47.907(a), upon receipt of which HUD will 

promptly publish the determination in the Federal Register. If the 

determination of unsuitability stands, HUD will inform the representative 

of the homeless of its decision.

Sec. 101-47.905 Real property reported excess to GSA.

 (a) Each landholding agency must submit a report to GSA of properties 

it determines excess. Each landholding agency must also provide a copy 

of HUD's suitability determination, if any, including HUD's identification 

number for the property.

 (b) If a landholding agency reports a property to GSA which has been 

reviewed by HUD for homeless assistance suitability and HUD 

determined the property suitable, GSA will screen the property pursuant 

to Sec. 101-47.905(g) and will advise HUD of the availability of the 

property for use by the homeless as provided in Sec. 101-47.905(e). In 

lieu of the above, GSA may submit a new checklist to HUD and follow 

the procedures in Sec. 101-47.905(c) through Sec. 101-47.905(g).

 (c) If a landholding agency reports a property to GSA which has not 

been reviewed by HUD for homeless assistance suitability, GSA will 

complete a property checklist, based on information provided by the 

landholding agency, and will forward this checklist to HUD for a 

suitability determination. This checklist will reflect any change in 

classification, i.e., from unutilized or underutilized to excess.

 (d) Within 30 days after GSA's submission, HUD will advise GSA of 

the suitability determination.

 (e) When GSA receives a letter from HUD listing suitable excess 

properties in GSA's inventory, GSA will transmit to HUD within 45 days 

a response which includes the following for each identified property:

 (1) A statement that there is no other compelling Federal need for the 

property, and therefore, the property will be determined surplus; or

 (2) A statement that there is further and compelling Federal need for the 

property (including a full explanation of such need) and that, therefore, 

the property is not presently available for use to assist the homeless.

 (f) When an excess property is determined suitable and available and 

notice is published in the Federal Register, GSA will concurrently notify 

HHS, HUD, State and local government units, known homeless assistance 

providers that have expressed interest in the particular property, and other 

organizations, as appropriate, concerning suitable properties.

 (g) Upon submission of a Report of Excess to GSA, GSA may screen 

the property for Federal use. In addition, GSA may screen State and local 

governmental units and eligible nonprofit organizations to determine 

interest in the property in accordance with current regulations. (See 41 

CFR 101- 47.203-5, 101-47.204-1 and 101-47.303-2.)

 (h) The landholding agency will retain custody and accountability and 

will protect and maintain any property which is reported excess to GSA as 

provided in 41 CFR 101-47.402.

Sec. 101-47.906 Suitability criteria.

 (a) All properties, buildings and land will be determined suitable unless 

a property's characteristics include one or more of the following 

conditions:

 (1) National security concerns. A property located in an area to which 

the general public is denied access in the interest of national security (e.g., 

where a special pass or security clearance is a condition of entry to the 

property) will be determined unsuitable. Where alternative access can be 

provided for the public without compromising national security, the 

property will not be determined unsuitable on this basis.

 (2) Property containing flammable or explosive materials. A property 

located within 2000 feet of an industrial, commercial or Federal facility 

handling flammable or explosive material (excluding underground 

storage) will be determined unsuitable. Above ground containers with a

capacity of 100 gallons or less, or larger containers which provide the 

heating or power source for the property, and which meet local safety, 

operation, and permitting standards, will not affect whether a particular 

property is determined suitable or unsuitable. Underground storage, 

gasoline stations and tank trucks are not included in this category and 

their presence will not be the basis of an unsuitability determination 

unless there is evidence of a threat to personal safety as provided in 

paragraph (a)(5) of this section.

 (3) Runway clear zone and military airfield clear zone. A property 

located within an airport runway clear zone or military airfield clear zone 

will be determined unsuitable.

 (4) Floodway. A property located in the floodway of a 100 year 

floodplain will be determined unsuitable. If the floodway has been 

contained or corrected, or if only an incidental portion of the property not 

affecting the use of the remainder of the property is in the floodway, the 

property will not be determined unsuitable.

 (5) Documented deficiencies. A property with a documented and 

extensive condition(s) that represents a clear threat to personal physical 

safety will be determined unsuitable. Such conditions may include, but 

are not limited to, contamination, structural damage or extensive 

deterioration, friable asbestos, PCB's, or natural hazardous substances 

such as radon, periodic flooding, sinkholes or earth slides.

 (6) Inaccessible. A property that is inaccessible will be determined 

unsuitable. An inaccessible property is one that is not accessible by road 

(including property on small off-shore islands) or is land locked (e.g., can 

be reached only by crossing private property and there is no established 

right or means of entry).
DoD Base Reuse Implementation Manual

December 1997 E-33

Sec. 101-47.907 Determination of availability.

 (a) Within 45 days after receipt of a letter from HUD pursuant to 101-

47.904(a), each landholding agency must transmit to HUD a statement of 

one of the following:

 (1) In the case of unutilized or underutilized property:

 (i) An intention to declare the property excess,

 (ii) An intention to make the property available for use to assist the 

homeless, or

 (iii) the reasons why the property cannot be declared excess or made 

available for use to assist the homeless. The reasons given must be 

different than those listed as suitability criteria in section 101-47.906.

 (2) In the case of excess property which had previously been reported to 

GSA:

 (i) A statement that there is no compelling Federal need for the 

property, and that, therefore, the property will be determined surplus; or

 (ii) A statement that there is a further and compelling Federal need for 

the property (including a full explanation of such need) and that, 

therefore, the property is not presently available for use to assist the 

homeless.

Sec. 101-47.908 Public notice of determination.

 (a) No later than 15 days after the last 45 day period has elapsed for 

receiving responses from the landholding agencies regarding availability, 

HUD will publish in the Federal Register a list of all properties reviewed, 

including a description of the property, its address, and classification. The 

following designations will be made:

 (1) Properties that are suitable and available.

 (2) Properties that are suitable and unavailable.

 (3) Properties that are suitable and to be declared excess.

 (4) Properties that are unsuitable.

 (b) Information about specific properties can be obtained by contacting 

HUD at the following toll free number, 1-800-927-7588.

 (c) HUD will transmit to the ICH a copy of the list of all properties 

published in the Federal Register. The ICH will immediately distribute to 

all state and regional homeless coordinators area-relevant portions of the 

list. The ICH will encourage the state and regional homeless coordinators 

to disseminate this information widely.

 (d) No later than February 15 of each year, HUD shall publish in the 

Federal Register a list of all properties reported pursuant to Sec. 101-

47.903(b).

 (e) HUD shall publish an annual list of properties determined suitable 

but which agencies reported unavailable including the reasons such 

properties are not available.

 (f) Copies of the lists published in the Federal Register will be available 

for review by the public in the HUD headquarters building library (room 

8141); area-relevant portions of the lists will be available in the HUD 

regional offices and in major field offices.

 

Sec. 101-47.909 Application process.

 (OMB approval number 09370191)

 (a) Holding period.

 (1) Properties published as available for application for use to assist the 

homeless shall not be available for any other purpose for a period of 60 

days beginning on the date of publication. Any representative of the 

homeless interested in any underutilized, unutilized, excess or surplus 

Federal property for use as a facility to assist the homeless must send to 

HHS a written expression of interest in that property within 60 days after 

the property has been published in the Federal Register.

 (2) If a written expression of interest to apply for suitable property for 

use to assist the homeless is received by HHS within the 60 day holding 

period, such property may not be made available for any other purpose 

until the date HHS or the appropriate landholding agency has completed 

action on the application submitted pursuant to that expression of interest.

 (3) The expression of interest should identify the specific property, 

briefly describe the proposed use, include the name of the organization, 

and indicate whether it is a public body or a private non-profit 

organization. The expression of interest must be sent to the Division of 

Health Facilities Planning (DHFP) of the Department of Health and 

Human Services at the following address:

 

 Director, Division of Health Facilities Planning, Public Health Service, 

Room 17A-10, Parklawn Building, 5600 Fishers Lane, Rockville, 

Maryland 20857.

 

 HHS will notify the landholding agency (for unutilized and underutilized 

properties) or GSA (for excess and surplus properties) when an expression 

of interest has been received for a particular property.

 (4) An expression of interest may be sent to HHS any time after the 60 

day holding period has expired. In such a case, an application submitted 

pursuant to this expression of interest may be approved for use by the 

homeless if:

 (i) No application or written expression of interest has been made under 

any law for use of the property for any purpose; and

 (ii) In the case of excess or surplus property, GSA has not received a 

bona fide offer to purchase that property or advertised for the sale of the 

property by public auction.

 (b) Application Requirements. Upon receipt of an expression of interest, 

DHFP will send an application packet to the interested entity. The 

application packet requires the applicant to provide certain information, 

including the following----

 (1) Description of the applicant organization. The applicant must 

document that it satisfies the definition of a "representative of the 

homeless," as specified in section 101-47.901 of this subpart. The 

applicant must document its authority to hold real property. Private nonprofit organizations applying for deeds must document that they are 

section 501(c)(3) tax-exempt.

 (2) Description of the property desired. The applicant must describe the 

property desired and indicate that any modifications made to the property 

will conform to local use restrictions except for local zoning regulations.

 (3) Description of the proposed program. The applicant must fully 

describe the proposed program and demonstrate how the program will 

address the needs of the homeless population to be assisted. The applicant 

must fully describe what modifications will be made to the property 

before the program becomes operational.

 (4) Ability to finance and operate the proposed program. The applicant 

must specifically describe all anticipated costs and sources of funding for 

the proposed program. The applicant must indicate that it can assume 

care, custody, and maintenance of the property and that it has the 

necessary funds or the ability to obtain such funds to carry out the 

approved program of use for the property.

 (5) Compliance with non-discrimination requirements. Each applicant 

and lessee under this part must certify in writing that it will comply with 

the requirements of the Fair Housing Act (42 U.S.C. 3601-19) and 

implementing regulations; and as applicable, Executive Order 11063 

(Equal Opportunity in Housing) and implementing regulations; title VI of 

the Civil Rights Act of 1964 (42 U.S.C. 2000d to d-4) 

(Nondiscrimination in Federally Assisted Programs) and implementing 

regulations; the prohibitions against discrimination on the basis of age 

under the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and 

implementing regulations; and the prohibitions against otherwise qualified 

individuals with handicaps under section 504 of the Rehabilitation Act of 

1973 (29 U.S.C. 794) and implementing regulations. The applicant must 

state that it will not discriminate on the basis of race, color, national 

origin, religion, sex, age, familial status, or handicap in the use of the 

property, and will maintain the required records to demonstrate 

compliance with Federal laws.

 (6) Insurance. The applicant must certify that it will insure the property 

against loss, damage, or destruction in accordance with the requirements 

of 45 CFR 12.9.

 (7) Historic preservation. Where applicable, the applicant must provide 

information that will enable HHS to comply with Federal historic 

preservation requirements.

 (8) Environmental information. The applicant must provide sufficient 

information to allow HHS to analyze the potential impact of the 

applicant's proposal on the environment, in accordance with the 

instructions provided with the application packet. HHS will assist 

applicants in obtaining any pertinent environmental information in the 

possession of HUD, GSA, or the landholding agency.
41 CFR Part 101-47: Federal Property Management Regulations

E-34 December 1997

 (9) Local government notification. The applicant must indicate that it 

has informed the applicable unit of general local government responsible 

for providing sewer, water, police, and fire services, in writing of its 

proposed program.

 (10) Zoning and Local Use Restrictions. The applicant must indicate 

that it will comply with all local use restrictions, including local building 

code requirements. Any applicant which applies for a lease or permit for a 

particular property is not required to comply with local zoning 

requirements. Any applicant applying for a deed of a particular property, 

pursuant to section 101-47.909(b)(3), must comply with local zoning 

requirements, as specified in 45 CFR part 12.

 (c) Scope of evaluations. Due to the short time frame imposed for 

evaluating applications, HHS' evaluation will, generally, be limited to the 

information contained in the application.

 (d) Deadline. Completed applications must be received by DHFP, at the 

above address, within 90 days after an expression of interest is received 

from a particular applicant for that property. Upon written request from 

the applicant, HHS may grant extensions, provided that the appropriate 

landholding agency concurs with the extension. Because each applicant 

will have a different deadline based on the date the applicant submitted an 

expression of interest, applicants should contact the individual 

landholding agency to confirm that a particular property remains 

available prior to submitting an application.

 (e) Evaluations.

 (1) Upon receipt of an application, HHS will review it for 

completeness, and, if incomplete, may return it or ask the applicant to 

furnish any missing or additional required information prior to final 

evaluation of the application.

 (2) HHS will evaluate each completed application within 25 days of 

receipt and will promptly advise the applicant of its decision. Applications 

are evaluated on a first-come, first-serve basis. HHS will notify all 

organizations which have submitted expressions of interest for a particular 

property regarding whether the first application received for that property 

has been approved or disapproved. All applications will be reviewed on 

the basis of the following elements, which are listed in descending order of 

priority, except that paragraph (e)(2)(iv) and (e)(2)(v) of this section are 

of equal importance.

 (i) Services offered. The extent and range of proposed services, such as 

meals, shelter, job training, and counseling.

 (ii) Need. The demand for the program and the degree to which the 

available property will be fully utilized.

 (iii) Implementation Time. The amount of time necessary for the 

proposed program to become operational.

 (iv) Experience. Demonstrated prior success in operating similar 

programs and recommendations attesting to that fact by Federal, State, 

and local authorities.

 (v) Financial Ability. The adequacy of funding that will likely be 

available to run the program fully and properly and to operate the facility.

 (3) Additional evaluation factors may be added as deemed necessary by 

HHS. If additional factors are added, the application packet will be 

revised to include a description of these additional factors.

 (4) If HHS receives one or more competing applications for a property 

within 5 days of the first application HHS will evaluate all completed 

applications simultaneously. HHS will rank approved applications based 

on the elements listed in section 101-47.908(e)(2), and notify the 

landholding agency, or GSA, as appropriate, of the relative ranks.

 

Sec. 101-47.910 Action on approved applications.

 (a) Unutilized and underutilized properties.

 (1) When HHS approves an application, it will so notify the applicant 

and forward a copy of the application to the landholding agency. The 

landholding agency will execute the lease, or permit document, as 

appropriate, in consultation with the applicant.

 (2) The landholding agency maintains the discretion to decide the 

following:

 (i) The length of time the property will be available. (Leases and 

permits will be for a period of at least one year unless the applicant 

requests a shorter term.)

 (ii) Whether to grant use of the property via a lease or permit;

 (iii) The terms and conditions of the lease or permit document.

 (b) Excess and surplus properties.

 (1) When HHS approves an application, it will so notify the applicant 

and request that GSA assign the property to HHS for leasing. Upon 

receipt of the assignment, HHS will execute a lease in accordance with the 

procedures and requirements set out in 45 CFR part 12. In accordance 

with 41 CFR 101-47.402, custody and accountability of the property will 

remain throughout the lease term with the agency which initially reported 

the property as excess.

 (2) Prior to assignment to HHS, GSA may consider other Federal uses 

and other important national needs; however, in deciding the disposition 

of surplus real property, GSA will generally give priority of consideration 

to uses to assist the homeless. GSA may consider any competing request 

for the property made under section 203(k) of the Federal Property and 

Administrative Services Act of 1949 (40 U.S.C. 484(k)) that is so 

meritorious and compelling that it outweighs the needs of the homeless, 

and HHS may likewise consider any competing request made under 

subsection 203(k)(1) of that law.

 (3) Whenever GSA or HHS decides in favor of a competing request 

over a request for property for homeless assistance use as provided in 

paragraph (b)(2) of this section, the agency making the decision will 

transmit to the appropriate committees of the Congress an explanatory 

statement which details the need satisfied by conveyance of the surplus 

property, and the reasons for determining that such need was so 

meritorious and compelling as to outweigh the needs of the homeless.

 (4) Deeds. Surplus property may be conveyed to representatives of the 

homeless pursuant to section 203(k) of the Federal Property and 

Administrative Services Act of 1949 (40 U.S.C. 484(k)(1), and section 

501(f) of the McKinney Act as amended, 42 U.S.C. 11411. 

Representatives of the homeless must complete the application packet 

pursuant to the requirements of section 101-47.909 of this part and in 

accordance with the requirements of 45 CFR part 12.

 (c) Completion of Lease Term and Reversion of Title. Lessees and 

grantees will be responsible for the protection and maintenance of the 

property during the time that they possess the property. Upon termination 

of the lease term or reversion of title to the Federal government, the lessee 

or grantee will be responsible for removing any improvements made to the 

property and will be responsible for restoration of the property. If such 

improvements are not removed, they will become the property of the 

Federal government. GSA or the landholding agency, as appropriate, will 

assume responsibility for protection and maintenance of a property when 

the lease terminates or title reverts.

 

Sec. 101-47.912 No applications approved.

 (a) At the end of the 60 day holding period described in Sec. 101-

47.909(a), HHS will notify GSA, or the landholding agency, as 

appropriate, if an expression of interest has been received for a particular 

property. Where there is no expression of interest, GSA or the landholding 

agency, as appropriate, will proceed with disposal in accordance with 

applicable law.

 (b) Upon advice from HHS that all applications have been disapproved, 

or if no completed applications or requests for extensions have been 

received by HHS within 90 days from the date of the last expression of 

interest, disposal may proceed in accordance with applicable law.

 

Subparts 101-47.10--101-47.48 [Reserved]

Subpart 101-47.49--Illustrations

Sec. 101-47.4900 Scope of subpart.

 This subpart sets forth certain forms and illustrations referred to 

previously in this part. Agency field offices should obtain the GSA forms 

prescribed in this subpart by submitting their future requirements to their 

Washington headquarters office which will forward consolidated annual 

requirements to the General Services Administration (BRAF), 

Washington, DC 20405. Standard forms should be obtained from the 

nearest GSA supply distribution facility.

 

 [40 FR 12080, Mar. 17, 1975]
DoD Base Reuse Implementation Manual

December 1997 E-35

Sec. 101-47.4901 [Reserved]

Sec. 101-47.4902 Standard Form 118, Report of Excess Real 

Property.

Sec. 101-47.4902-1 Standard Form 118a, Buildings, Structures, 

Utilities, and Miscellaneous Facilities.

Sec. 101-47.4902-2 Standard Form 118b, Land.

Sec. 101-47.4902-3 Standard Form 118c, Related Personal 

Property.

Sec. 101-47.4902-4 Instructions for the preparation of Standard 

Form 118, and Attachments, Standard Forms 118a, 118b, and 118c.

 

 [33 FR 12003, Aug. 23, 1968, as amended at 36 FR 9022, May 18, 

1971]

Sec. 101-47.4904 GSA Form 1334, Request for Transfer of Excess 

Real and Related Personal Property.

 

 Note: The illustrations in Sec. 101-47.4904 are filed as part of the 

original document and do not appear in the Federal Register or the Code 

of Federal Regulations.

 

 [42 FR 40698, Aug. 11, 1977]

Sec. 101-47.4904-1 Instructions for preparation of GSA Form 1334, 

Request for Transfer of Excess Real and Related Personal Property.

 

 Note: The illustrations in Sec. 101-47.4904-1 are filed as part of the 

original document and do not appear in the Federal Register or the Code 

of Federal Regulations.

 

 [42 FR 40698, Aug. 11, 1977]

Sec. 101-47.4905 Extract of statutes authorizing disposal of surplus 

real property to public agencies.

 

 Statute: 16 U.S.C. 667b-d. Disposals for wildlife conservation 

purposes.

 Type of property*: Any surplus real property (with or without 

improvements) that can be utilized for wildlife conservation purposes 

other than migratory birds, exclusive of (1) oil, gas, and mineral rights, 

and (2) property which the holding agency has requested reimbursement 

of the net proceeds of disposition pursuant to section 204(c) of the Act.

 Eligible public agency: The agency of the State exercising the 

administration of the wildlife resources of the State.

 

 Statute: 23 U.S.C. 107 and 317. Disposals for Federal aid and other 

highways.

 Type of property *: Any real property or interests therein determined by 

the Secretary of Transportation to be reasonably necessary for the rightof- way of a Federal aid or other highway (including control of access 

thereto from adjoining lands) or as a source of material for the 

construction or maintenance of any such highway adjacent to such real 

property or interest therein, exclusive of (1) oil, gas, and mineral rights; 

and (2) property which the holding agency has requested reimbursement 

of the net proceeds of disposition pursuant to section 204(c) of the Act.

 Eligible public agency: State wherein the property is situated (or such 

political subdivision of the State as its law may provide), including the 

District of Columbia and Commonwealth of Puerto Rico.

 

 Statute: 40 U.S.C. 122. Transfer to the District of Columbia of 

jurisdiction over properties within the District for administration and 

maintenance under conditions to be agreed upon.

 Type of property: Any surplus real property, except property for which 

the holding agency has requested reimbursement of the net proceeds of 

disposition pursuant to section 204(c) of the Act.

 Eligible public agency: District of Columbia.

 

 Statute: 40 U.S.C. 345c. Disposals for authorized widening of public 

highways, streets, or alleys.

 Type of property *: Such interest in surplus real property as the head of 

the disposal agency determines will not be adverse to the interests of the 

United States, exclusive of (1) oil, gas and mineral rights; (2) property 

subject to disposal for Federal aid and other highways under the 

provisions of 3 U.S.C. 107 and 317; and (3) property which the holding 

agency has requested reimbursement of the net proceeds of disposition 

pursuant to section 204(c) of the Act.

 Eligible public agency: State or political subdivision of a State.

 

 Statute: 40 U.S.C. 484(e)(3)(H). Disposals by negotiations.

 Type of property: Any surplus real property including related personal 

property.

 Eligible public agency: Any State; the District of Columbia; any 

territory or possession of the United States; and any instrumentality, 

political subdivision, or tax-supported agency in any of them.

 

 Statute: 40 U.S.C. 484(k)(1)(A). Disposals for school, classroom, or 

other educational purposes.

 Type of property *: Any surplus real property, including buildings, 

fixtures, and equipment situated thereon, exclusive of (1) oil, gas, and 

mineral rights; and (2) property which the holding agency has requested 

reimbursement of the net proceeds of disposition pursuant to section 

204(c) of the Act.

 Eligible public agencies: Any State; the District of Columbia; any 

territory or possession of the United States; and any instrumentality, 

political subdivision, or tax-supported educational institution in any of 

them.

 

 Statute: 40 U.S.C. 484(k)(1)(B). Disposals for public health purposes 

including research.

 Type of property *: Any surplus real property, including buildings, 

fixtures, and equipment situated thereon, exclusive of (1) oil, gas, and 

mineral rights; and (2) property which the holding agency has requested 

reimbursement of the net proceeds of disposition pursuant to section 

204(c) of the Act.

 Eligible public agencies: Any State; the District of Columbia; any 

territory or possession of the United States; and any instrumentality, 

political subdivision, or tax-supported medical institution in any of them.

 

 Statute: 40 U.S.C. 484(k)(2). Disposals for public park or recreation 

areas.

 Type of property*: Any surplus real property recommended by the 

Secretary of the Interior as being needed for use as a public park or 

recreation area, including buildings, fixtures, and equipment situated 

thereon, exclusive of (1) oil, gas, and mineral rights; (2) improvements 

without land; (3) military chapels subject to disposal as a shrine, 

memorial, or for religious purposes under the provisions of Sec. 101-

47.308-5; and (4) property which the holding agency has requested 

reimbursement of the net proceeds of disposition pursuant to section 

204(c) of the Act.

 Eligible public agencies: Any State; the District of Columbia; any 

territory or possession of the United States; and any instrumentality or 

political subdivision in any of them.

 

 Statute: 40 U.S.C. 484(k)(3). Disposals for historic monuments.

 Type of property: Any surplus real and related personal property, 

including buildings, fixtures, and equipment situated thereon, exclusive of 

(1) oil, gas, and mineral rights; (2) improvements without land; (3) 

military chapels subject to disposal as a shrine, memorial, or for religious 

purposes under the provisions of Sec. 101-47.308-5; and (4) property 

which the holding agency has requested reimbursement of the net 

proceeds of disposition pursuant to section 204(c) of the Act. Before 
41 CFR Part 101-47: Federal Property Management Regulations

E-36 December 1997

property may be conveyed under this statute, the Secretary of the Interior 

must determine that the property is suitable and desirable for use as a 

historic monument for the benefit of the public. No property shall be 

determined to be suitable or desirable for use as a historic monument 

except in conformity with the recommendation of the Advisory Board on 

National Parks, Historic Sites, Buildings, and Monuments established by 

section 3 of the act entitled "An Act for the preservation of historic 

American sites, buildings, objects, and antiquities of national significance, 

and for other purposes," approved Aug. 21, 1935 (49 Stat. 666), and only 

so much of any such property shall be so determined to be suitable or 

desirable for such use as is necessary for the preservation and property 

observation of its historic features. The Administrator of General Services 

may authorize the use of the property conveyed under this subsection for 

revenue-producing activities if the Secretary of the Interior (1) determines 

that such activities are compatible with use of the property for historic 

monument purposes, (2) approves the grantee's plan for repair, 

rehabilitation, restoration, and maintenance of the property, (3) approves 

grantee's plan for financing repairs, rehabilitation, restoration, and 

maintenance of the property which must provide that incomes in excess of 

the costs of such items shall be used by the grantee only for public historic 

preservation, park, or recreational purposes, and (4) approves the 

grantee's accounting and financial procedures for recording and reporting 

on revenue- producing activities.

 Eligible public agencies: Any State; the District of Columbia; any 

territory or possession of the United States; and any instrumentality or 

political subdivision in any of them.

 

 Statute: 40 U.S.C. 484(p). Disposals for correctional facilities.

 Type of property: Any surplus real and related personal property, 

including buildings, fixtures, and equipment situated thereon, exclusive of 

(1) oil, gas, and mineral rights; (2) improvements without land; (3) 

military chapels subject to disposal as a shrine, memorial, or for religious 

purposes under the provisions of Sec. 101-47.308-5; and (4) property 

which the holding agency has requested reimbursement of the net 

proceeds of disposition pursuant to section 204(c) of the Act. Before 

property may be conveyed under this statute, the Attorney General must 

determine that the property is required for correctional facility use and 

approve an appropriate program or project for the care or rehabilitation of 

criminal offenders.

 Eligible public agencies: Any State; the District of Columbia; any 

territory or possession of the United States; and any instrumentality or 

political subdivision in any of them.

 

 Statute: 40 U.S.C. 484(q). Disposals for port facility purposes.

 Type of property: Any surplus real and related personal property, 

including buildings, fixtures, and equipment situated thereon, exclusive of 

(1) oil, gas, and mineral rights; (2) improvements without land; (3) 

military chapels subject to disposal as a shrine, memorial, or for religious 

purposes under the provisions of Sec. 101-47.308-5; and (4) property 

which the holding agency has requested reimbursement of the net 

proceeds of disposition pursuant to section 204(c) of the Act. Before 

property may be conveyed under this statute, the Secretary of 

Transportation must determine, after consultation with the Secretary of 

Labor, that the property is located in an area of serious economic 

disruption; and approve, after consultation with the Secretary of 

Commerce, an economic development plan associated with the plan of use 

of the property.

 Eligible public agencies: Any State; the District of Columbia; any 

territory or possession of the United States; and any instrumentality or 

political subdivision in any of them.

 Statute: 49 U.S.C. 47151. Disposals for public airport purposes.

 Type of property*: Any surplus real or personal property, exclusive of 

(1) oil, gas and mineral rights; (2) military chapels subject to disposal as a 

shrine, memorial or for religious purposes under the provisions of Sec. 

101- 47.308-5; (3) property subject to disposal as a historic monument 

site under the provisions of Sec. 101-47.308-3; (4) property the highest 

and the best use of which is determined by the disposal agency to be 

industrial and which shall be so classified for disposal, and (5) property 

which the holding agency has requested reimbursement of the net 

proceeds of disposition pursuant to section 204(c) of the Act.

 Eligible public agencies: Any State, the District of Columbia; any 

territory or possession of the United States; and any instrumentality or 

political subdivision in any of them.

 

 Statute: 50 U.S.C. App. 1622(d). Disposals of power transmission lines 

needful for or adaptable to the requirements of a public power project.

 Type of property*: Any surplus power transmission line and the rightof-way acquired for its construction.

 Eligible public agency: Any State or political subdivision thereof or any 

State agency or instrumentality.

 

 *The Commissioner, Public Buildings Service, General Services 

Administration, Washington, DC 20405, in appropriate instances, may 

waive any exclusions listed in this description, except for those required 

by law.

 

 [FMPR Amdt. H-192, 60 FR 35708, July 11, 1995]

 

Sec. 101-47.4906 Sample notice to public agencies of surplus 

determination.

 

 Notice of Surplus Determination--Government Property

 

 -----------------------------------------------------------------------------

 (Date)

 

 -----------------------------------------------------------------------------

 (Name of property)

 

 -----------------------------------------------------------------------------

 (Location)

 

 Notice is hereby given that the above described property has been 

determined to be surplus Government property. The property consists of 

____ acres of fee land, more or less, together with easements and 

improvements as follows:

 This property is surplus property available for disposal under the 

provisions of the Federal Property and Administrative Services Act of 

1949 (40 U.S.C. 471 et seq.), as amended, certain related laws, and 

applicable regulations. The applicable regulations provide that nonFederal public agencies shall be allowed a reasonable period of time to 

submit a formal application for surplus real property in which they may 

be interested. Disposal of this property, or portions thereof, may be made 

to public agencies for the public uses listed below whenever the 

Government determines that the property is available for such uses and 

that disposal thereof is authorized by the statutes cited and applicable 

regulations. (Note: List only those statutes and types of disposal 

appropriate to the particular surplus property described in the notice.)

 

 16 U.S.C. 667b-d Wildlife conservation.

 23 U.S.C. 107 and 317 Federal aid and certain other highways.

 40 U.S.C. 122 Transfer to the District of Columbia.

 40 U.S.C. 345c Widening of highways, streets, or alleys.

 40 U.S.C. 484(e)(3)(H) Negotiated sales for general public purpose 

uses.

 (Note: This statute should not be listed if the

 affected surplus property has an estimated value of

 less than $10,000.)

 40 U.S.C. 484(k)(1)(A) School, classroom, or other educational 

purposes.

 40 U.S.C. 484(k)(1)(B) Protection of public health, including 

research.

 40 U.S.C. 484(k)(2) Public park or recreation area.

 40 U.S.C. 484(k)(3) Historic monument.

 40 U.S.C. 484(p) Correctional facility.

 40 U.S.C. 484(q) Port facility.

 49 U.S.C. 47151 Public airport.
DoD Base Reuse Implementation Manual

December 1997 E-37

 50 U.S.C. App. 1622(d) Power transmission lines.

 

 If any public agency desires to acquire the property under any of the 

cited statutes, notice thereof must be filed in writing with (Insert name 

and address of disposal agency):

 

 -------------------------------------------------------------------------------------

 Such notice must be filed not later than-------------------------------------

 (Insert date of the 21st day following the date of the notice.)

 Each notice so filed shall:

 (a) Disclose the contemplated use of the property;

 (b) Contain a citation of the applicable statute or statutes under which 

the public agency desires to procure the property;

 (c) Disclose the nature of the interest if an interest less than fee title to 

the property is contemplated;

 (d) State the length of time required to develop and submit a formal 

application for the property. (Where a payment to the Government is 

required under the statute, include a statement as to whether funds are 

available and, if not, the period required to obtain funds.); and

 (e) Give the reason for the time required to develop and submit a 

formal application.

 Upon receipt of such written notices, the public agency shall be 

promptly informed concerning the period of time that will be allowed for 

submission of a formal application. In the absence of such written notice, 

or in the event a public use proposal is not approved, the regulations 

issued pursuant to authority contained in the Federal Property and 

Administrative Services Act of 1949 provide for offering the property for 

sale.

 Application forms or instructions to acquire property for the public uses 

listed in this notice may be obtained by contacting the following Federal 

agencies for each of the indicated purposes:

 

 (Note: For each public purpose statute listed in this notice, show the 

name, address, and telephone number of the Federal agency to be 

contacted by interested public body applicants.)

 

 [FMPR Amdt. H-192, 60 FR 35710, July 11, 1995]

 

Sec. 101-47.4906a Attachment to notice sent to zoning authority.

 

Federal Property and Administrative Services Act of 1949, As Amended 

Title VIII--Urban Land Utilization

 

DISPOSAL OF URBAN LANDS

 

 Sec. 803

 (a) Whenever the Administrator contemplates the disposal for or on 

behalf of any Federal agency of any real property situated within an urban 

area, he shall, prior to offering such land for sale, give reasonable notice 

to the head of the governing body of the unit of general local government 

having jurisdiction over zoning and land-use regulation in the 

geographical area within which the land or lands are located in order to 

afford the government the opportunity of zoning for the use of such land 

in accordance with local comprehensive planning.

 (b) The Administrator, to the greatest practicable extent, shall furnish to 

all prospective purchasers of such real property, full and complete 

information concerning:

 (1) Current zoning regulations and prospective zoning requirements 

and objectives for such property when it is unzoned: and

 (2) Current availability to such property of streets, sidewalks, sewers, 

water, street lights, and other service facilities and prospective availability 

of such services if such property is included in comprehensive planning.

 

 [34 FR 11210, July 3, 1969]

Sec. 101-47.4906b Paragraph to be added to letter sent to zoning 

authority.

 As the head of the governing body of the unit of general local 

government having jurisdiction over zoning and land-use regulations in 

the geographical area within which this surplus property is located, you 

also may be interested in section 803 of the Federal Property and 

Administrative Services Act of 1949, as amended, 82 Stat. 1105, a copy 

of which is attached for ready reference. It is requested that the 

information contemplated by section 803(b) be forwarded this office 

within the same 20-calendar-day period prescribed in the attached notice 

of surplus determination for the advising of a desire to acquire the 

property. If the property is unzoned and you desire the opportunity to 

accomplish such zoning in accordance with local comprehensive planning 

pursuant to section 803(a), please so advise us in writing within the same 

time frame and let us know the time you will require for the promulgation 

of such zoning regulations. We will not delay sale of the property pending 

such zoning for more than 50 days from the date of this notice. However, 

if you will not be able to accomplish the desired zoning before the 

property is placed on sale, we will advise prospective purchasers of the 

pending zoning in process.

 

 [34 FR 11210, July 3, 1969]

Sec. 101-47.4906-1 Sample letter for transmission of notice of 

surplus determination.

 

 ---------------------------- (Date)

 Certified Mail--Return Receipt Requested

----------------------------

----------------------------

----------------------------

 (Addressee)

Dear ----------------------------:

The former ------------------------(Name of property),

------------------------(Location) has been determined to be surplus

Government property and available for disposal.

Included in the attached notice are a description of the property and 

procedural instructions to be followed if any public agency desires to 

submit an application for the property. Please note particularly the name 

and address given for filing written notice if any public agency desires to 

submit such an application, the time limitation within which written 

notice must be filed, and the required content of such notice. Additional 

instructions are provided for the submission of comments regarding any 

incompatibility of the disposal with any public agency's development 

plans and programs.

 In order to ensure that all interested parties are informed of the 

availability of this property, please post the additional copies of the 

attached notice in appropriate conspicuous places./1/

 

 NOTE /1/ Attach as many copies of the notice as may be anticipated will 

be required for adequate posting.

 

 A notice of surplus determination also is being mailed to -------------------

----- (Other addressees).

 

 Sincerely,

 

 Attachment

 

 [34 FR 11211, July 3, 1969, as amended at 35 FR 8487, June 2, 1970]

Sec. 101-47.4906-2 Sample letter to a state single point of contact.

 

 -----------------------------------------------------------------------------

 (Date)

 

 -----------------------------------------------------------------------------

 -----------------------------------------------------------------------------
41 CFR Part 101-47: Federal Property Management Regulations

E-38 December 1997

 -----------------------------------------------------------------------------

 (Addressee)

 

 Dear:------------------------------------------------------------------------

 On July 14, 1982, the President issued Executive Order 12372,

 "Intergovernmental Review of Federal Programs." This Executive order 

provides for State and local government coordination and review of 

certain proposed Federal programs and activities, including real property 

disposal actions of the General Services Administration.

 Enclosed is a notice of surplus determination that has been sent to 

appropriate public bodies advising them of the availability of the 

described real property for public purposes. Surplus Federal real property 

which is not acquired for State or local governmental public purposes is 

generally offered for sale to the general public by competitive bidding 

procedures.

 No final disposal action will be taken for 60 calendar days from the 

date of this letter to allow for the receipt of any comments from your 

office.

 

 [52 FR 9831, Mar. 27, 1987]

Sec. 101-47.4907 List of Federal real property holding agencies.

 Note: The illustrations in Sec. 101-47.4907 are filed as part of the 

original document and do not appear in the Federal Register or the Code 

of Federal Regulations.

 

 [40 FR 12080, Mar. 17, 1975]

Sec. 101-47.4908 Excess profits covenant.

Excess Profits Covenant for Negotiated Sales to Public Bodies

 

 (a) This covenant shall run with the land for a period of 3 years from 

the date of conveyance. With respect to the property described in this 

deed, if at any time within a 3-year period from the date of transfer of title 

by the Grantor, the Grantee, or its successors or assigns, shall sell or enter 

into agreements to sell the property, either in a single transaction or in a 

series of transactions, it is covenanted and agreed that all proceeds 

received or to be received in excess of the Grantee's or a subsequent 

seller's actual allowable costs will be remitted to the Grantor. In the event 

of a sale of less than the entire property, actual allowable costs will be 

apportioned to the property based on a fair and reasonable determination 

by the Grantor.

 (b) For purposes of this covenant, the Grantee's or a subsequent seller's 

allowable costs shall include the following:

 (1) The purchase price of the real property;

 (2) The direct costs actually incurred and paid for improvements which 

serve only the property, including road construction, storm and sanitary 

sewer construction, other public facilities or utility construction, building 

rehabilitation and demolition, landscaping, grading, and other site or 

public improvements;

 (3) The direct costs actually incurred and paid for design and 

engineering services with respect to the improvements described in (b)(2) 

of this section; and

 (4) The finance charges actually incurred and paid in conjunction with 

loans obtained to meet any of the allowable costs enumerated above.

 (c) None of the allowable costs described in paragraph (b) of this 

section will be deductible if defrayed by Federal grants or if used as 

matching funds to secure Federal grants.

 (d) In order to verify compliance with the terms and conditions of this 

covenant, the Grantee, or its successors or assigns, shall submit an annual 

report for each of the subsequent 3 years to the Grantor on the anniversary 

date of this deed. Each report will identify the property involved in this 

transaction and will contain such of the following items of information as 

are applicable at the time of submission:

 (1) A description of each portion of the property that has been resold;

 (2) The sale price of each such resold portion;

 (3) The identity of each purchaser;

 (4) The proposed land use; and

 (5) An enumeration of any allowable costs incurred and paid that 

would offset any realized profit.

 If no resale has been made, the report shall so state.

 (e) The Grantor may monitor the property and inspect records related 

thereto to ensure compliance with the terms and conditions of this 

covenant and may take any actions which it deems reasonable and 

prudent to recover any excess profits realized through the resale of the 

property.

 [51 FR 23760, July 1, 1986]

Sec. 101-47.4909 Highest and best use.

 (a) Highest and best use is the most likely use to which a property can 

be put, so as to produce the highest monetary return from the property, 

promote its maximum value, or serve a public or institutional purpose. 

The highest and best use determination must be based on the property's 

economic potential, qualitative values (social and environmental) inherent 

in the property itself, and other utilization factors controlling or directly 

affecting land use (e.g. zoning, physical characteristics, private and public 

uses in the vicinity, neighboring improvements, utility services, access, 

roads, location, and environmental and historical considerations). 

Projected highest and best use should not be remote, speculative, or 

conjectural.

 (b) An analysis and determination of highest and best use is based on 

information compiled from the property inspection and environmental 

assessment. Major considerations include:

 (1) Present zoning category (check one or more as appropriate).

 

 Industrial ----

 Single family residential ----

 Multiple family residential ----

 Commercial/retail ----

 Warehouse ----

 Agriculture ----

 Institutional or public use ----

 Other (specify)-----------------------------------------

 -----------------------------------------------------------------------------

 -----------------------------------------------------------------------------

 Not zoned ----

 Zoning proceeding pending Federal disposal ----

 

Category proposed------------------------------------------------------------

 (2) Physical characteristics. (Describe land and improvements and 

comment on property's physical characteristics including utility services, 

access, environmental and historical aspects, and other significant factors) 

---------------------------------------------------------------

 -----------------------------------------------------------------------------

 (3) Area/neighborhood uses (check one or more as appropriate). 

 Single family residential ----

 Multiple family residential ----

 Industrial ----

 Office ----

 Retail or commercial ----

 Farmland ----

 Recreational/park area ----

 Other (specify)-----------------------------------------------------------

 -----------------------------------------------------------------------------

 -----------------------------------------------------------------------------

 (4) Existing neighboring improvements (check one or more as 

appropriate). 

 Deteriorating ----

 Stable ----

 Some recent development ----

 Significant recent development ----

 Vicinity improvements:

 ----Dense ----Moderate ----Sparse ----None

 

 (5) Environmental factors/constraints adversely affecting the 

marketability of the property (check one or more as appropriate).

 
DoD Base Reuse Implementation Manual

December 1997 E-39

 Severe slope or soil instability ----

 Road access ----

 Access to sanitary sewers or storm sewers ----

 Access to water supply ----

 Location within or near floodplain ----

 Wetlands ----

 Tidelands ----

 Irregular shape ----

 Present lease agreement or other possessory 

 non-Federal interest ----

 Historic, archeological or cultural ----

 Contamination or other hazards ----

 Other (specify)----------------------------------------------------------

 -----------------------------------------------------------------------------

 -----------------------------------------------------------------------------

 Comments on adverse conditions------------------------------------

 -----------------------------------------------------------------------------

 -----------------------------------------------------------------------------

 

 (6) Former Government uses (check one or more as appropriate).

 Office ----

 Industrial ----

 Warehouse or storage ----

 Residential ----

 Retail/commercial ----

 Agricultural ----

 Specify other uses below, such as airport, health, education, recreation 

and special military facilities--

 -----------------------------------------------------------------------------

 -----------------------------------------------------------------------------

 (c) Determination of highest and best use (check one or more as

 appropriate). 

 Single family residential ----

 Multiple family residential ----

 Industrial ----

 Office ----

 Retail or commercial ----

 Agricultural ----

 Warehouse/storage ----

 Transportation ----

 Historic monument ----

 Recreation/park ----

 Health ----

 Education or related institutional use ----

 Airport ----

 Wildlife Conservation ----

 Public utility ----

 Other (include general public or governmental).

 -----------------------------------------------------------------------------

 -----------------------------------------------------------------------------

 Remarks:----------------------------------------------------------- ------

 -----------------------------------------------------------------------------

 -----------------------------------------------------------------------------

 (d) Are significant costs required to make property conform to highest 

and best use (i.e. demolition of existing improvements, relocation of 

existing improvements, etc.)?

 

 Remarks:----------------------------------------------------------------

-----------------------------------------------------------------------------

 (e) Can a knowledgeable cost estimate be given in reference to 

paragraph d above? (Enter figure).

 

 Yes ($ )----

 No ----

 

 (f) Is the property located adjacent to or inside the boundaries of a State 

park, forest or recreational area?

 

 Yes ----

 No ----

 

 Remarks------------------------------------------------------------------

 -----------------------------------------------------------------------------

 -----------------------------------------------------------------------------

 [49 FR 37091, Sept. 21, 1984]

Sec. 101-47.4910 Field offices of Department of Health, Education, 

and Welfare.

 Note: The illustrations in Sec. 101-47.4910 are filed as part of the 

original document and do not appear in the Federal Register or the Code 

of Federal Regulations.

 

 [40 FR 12080, Mar. 17, 1975]

Sec. 101-47.4911 Outline for explanatory statements for negotiated 

sales.

 Note: The illustration listed in Sec. 101-47.4911 is filed as part of the 

original document and does not appear in the Federal Register or the Code 

of Federal Regulations.

 

 [42 FR 31455, June 21, 1977, as amended at 54 FR 32445, Aug. 8, 

1989]

Sec. 101-47.4912 Regional offices of the Bureau of Outdoor 

Recreation, Department of the Interior.

 Address communications to: Regional Director, Bureau of Outdoor 

Recreation, Department of the Interior.

 

 Region and jurisdiction Address and telephone 

 Northeast region:

 Connecticut, Delaware, Maine, Federal Bldg., 600 Arch St.,

 Maryland, Massachusetts, New Philadelphia, Pa. 19106.

 Hampshire, New Jersey, New York Code 215, , 597-7989

 Pennsylvania, Rhode Island,

 Vermont, Virginia, West Virginia,

 and District of Columbia

 Southeast region:

 Alabama, Florida, Georgia, 148 Cain St., 

 Kentucky, Mississippi, Atlanta, Ga 30303.

 North Carolina, Puerto Rico, Code 404, 526-4405.

 South Carolina, Tennessee,

 and Virgin Islands

 Lake Central region:

 Illinois, Indiana, Michigan, 3853 Research Park Dr,

 Minnesota, Ohio, and, Ann Arbor Mich. 48104. 

 Wisconsin Code 313, 769- 3211

 Midcontinent region:

 Colorado, Iowa, Kansas, Missouri, Building 41, 

 Montana, Nebraska, North Dakota, Denver Federal Center,

 South Dakota, Utah, P.O. Box 25387, 

 and Wyoming Denver, Colo. 80225.

Code 303, 234-2634

 South Central region:

 Arkansas, Louisiana, New Mexico, Patio Plaza Bldg.,

 Oklahoma, and Texas 5000 Marble Ave., NE.,

Albuquerque, N. Mex. 87110.

 Code 505, 843-3514

 Northwest region:

 Alaska, Idaho, Oregon, and United Pacific Bldg.,

 Washington 1000 SecondAve.,

Seattle, Wash. 98104.

Code 206, 442-4706

 Pacific Southwest region:

 American Samoa, Arizona, Box 36062, 

 California, Guam, Hawaii, 450 Golden Gate Ave.,

 and Nevada San, Francisco, Calif. 94102. 

Code 415, 556-0182
41 CFR Part 101-47: Federal Property Management Regulations

E-40 December 1997

 

 [40 FR 22260, May 22, 1975]

Sec. 101-47.4913 Outline for protection and maintenance of excess 

and surplus real property.

 A. General. In protecting and maintaining excess and surplus 

properties, the adoption of the principle of "calculated risk" is considered 

to be essential. In taking what is termed a "calculated risk," the expected 

losses and deteriorations in terms of realizable values are anticipated to be 

less in the overall than expenditures to minimize the risks. In determining 

the amount of protection to be supplied under this procedure, a number of 

factors should be considered; such as, the availability of, and the distance 

to, local, public, or private protection facilities; the size and value of the 

facility; general characteristics of structures; physical protection involving 

fencing, number of gates, etc.; the location and availability of 

communication facilities; and the amount and type of activity at the 

facility. Conditions at the various excess and surplus properties are so 

diverse that it is impracticable to establish a definite or fixed formula for 

determining the extent of protection and maintenance that should be 

applied. The standards or criteria set forth in B and C, below, are 

furnished as a guide in making such determinations.

 B. Protection Standards. The following standards are furnished as a 

guide in determining the amount and limits of protection.

 1. Properties not Requiring Protection Personnel. Fire protection or 

security personnel are not needed at:

 (a) Facilities where there are no structures or related personal property;

 (b) Facilities where the realizable or recoverable value of the 

improvements and related personal property subject to loss is less than the 

estimated cost of protection for a one-year period;

 (c) Facilities of little value located within public fire and police 

department limits, which can be locked or boarded up;

 (d) Facilities where the major buildings are equipped with automatic 

sprinklers, supervised by American District Telegraph Company or other 

central station service, which do not contain large quantities of readily 

removable personal property, and which are in an area patrolled regularly 

by local police; and

 (e) Facilities where agreements can be made with a lessee of a portion 

of the property to protect the remaining portions at nominal, or without 

additional cost.

 2. Properties Requiring a Resident Custodian. A resident custodian or 

guard only is required at facilities of the following classes:

 (a) Facilities containing little removable personal property but having a 

considerable number of buildings to be sold for off-site use when (a) the 

buildings are of low realizable value and so spaced that loss of more than 

a few buildings in a single fire is improbable, or (b) the buildings are so 

located that water for firefighting purposes is available and municipal or 

other fire department services will respond promptly;

 (b) Small, inactive industrial and commercial facilities which must be 

kept open for inspection and which are so located that public fire and 

police protection can be secured by telephone;

 (c) Facilities where the highest and best use has been determined to be 

salvage; and

 (d) Facilities of little, or salvage, value but potentially dangerous and 

attractive to children and curiosity seekers where the posting of signs is 

not sufficient to protect the public.

 3. Properties Requiring Continuous Guard Service. One guard on duty 

at all times (a total of 5 guards required) is required at facilities of high 

market value which are fenced; require only one open gate which can be 

locked during patrols; all buildings of which can be locked; and where 

local police and fire protection can be secured by telephone.

 4. Properties Requiring High Degree of Protection. More than one 

firefighter-guard will be required to be on duty at all times at facilities of 

the classes listed below. The number, and the assignment, of firefighterguards in such cases should be determined by taking into consideration all 

pertinent factors.

 (a) Facilities of high market value which are distant from public 

assistance and require an on-the-site firefighting force adequate to hold 

fires in check until outside assistance can be obtained.

 (b) Facilities of high market value which can obtain no outside 

assistance and require an on-the-site firefighting force adequate to 

extinguish fires.

 (c) Facilities of high market value at which the patrolling of large areas 

is necessary.

 (d) Facilities of high market value not fenced and containing large 

quantities of personal property of a nature inviting pilferage.

 (e) Facilities of high market value at which several gates must be kept 

open for operating purposes.

 5. Standards for All Protected Properties.

 (a) All facilities within the range of municipal or other public 

protection, but outside the geographic limits of such public body, should 

be covered by advance arrangements with appropriate authorities for 

police and fire protection service, at a monthly or other service fee if 

necessary.

 (b) Patrolling of all facilities with large areas to be protected should be 

accomplished by use of automotive vehicles.

 (c) At fenced facilities, a minimum number of gates should be kept 

open.

 6. Firefighter-Guards. Firefighters and guards are the normal means for 

carrying out the fire protection and security programs at excess and 

surplus real properties where both such programs are required. The duties 

of firefighters and guards should be combined to the maximum extent 

possible in the interest of both economy and efficiency. Such personnel 

would also be available in many cases for other miscellaneous services, 

such as, removing grass and weeds or other fire hazards, servicing fire 

extinguishers, and other activities related to general protection of 

property.

 7. Operating Requirements of Protection Units. Firefighter-guards or 

guards, should be required to make periodic rounds of facilities requiring 

protection. The frequency of these rounds would be based upon a number 

of factors; such as, location and size of the facility, type of structures and 

physical barriers, and the amount and type of activity at the facility. There 

may be instances where some form of central station supervision, such as 

American District Telegraph Company, will effect reduction in costs by 

reducing the number of firefighter-guards, or guards, required to 

adequately protect the premises.

 8. Watchman's Clock. To insure adequate coverage of the entire 

property by the guards, or firefighter-guards, an approved watchman's 

clock should be provided, with key stations strategically located so that, in 

passing from one to the other, the guards will cover all portions of the 

property.

 9. Protection Alarm Equipment. Automatic fire detection devices and 

allied equipment and services may materially assist in minimizing 

protection costs. However, use of devices of this type, like guards, are 

purely secondary fire protection and are primarily a means of obtaining 

fire and police protection facilities at the property in an emergency. There 

are various types of devices, each of which can be considered separately 

or in combination as supplementing guard patrols, which may assist in 

reduction of costs and, in some instances, it may be possible to eliminate 

all guards.

 10. Sentry Dogs. Frequently there are facilities of high market value, or 

which cover large areas, or are so isolated that they invite intrusion by 

curiosity seekers, hunters, vagrants, etc., which require extra or special 

protection measures. This has usually been taken care of by staffing with 

additional guards so that the "buddy system" of patrolling may be used. In 

such cases, the use of sentry dogs should be considered in arriving at the 

appropriate method of offsetting the need for additional guards, as well as 

possible reductions in personnel. If it is determined to be in the 

Government's interest to use this type of protection, advice should be 

obtained as to acquisition (lease, purchase, or donation), training, use, and 

care, from the nearest police department using sentry dogs. When sentry 

dogs are used, the property should be clearly posted "Warning--This 

Government Property Patrolled by Sentry Dogs."

 C. Maintenance Standards. The following standards or criteria are 

furnished as a guide in connection with the upkeep of excess and surplus 

real properties:

 1. Temporary Type Buildings and Structures. Temporary buildings 

housing personal property which cannot be readily removed to permanent 
DoD Base Reuse Implementation Manual

December 1997 E-41

type storage should be maintained only to the extent necessary to protect 

the personal property. Vacant temporary structures should not be 

maintained except in unusual circumstances.

 2. Permanent Type Buildings and Structures. (a) No interior painting 

should be done. Where exterior wood or metal surfaces require treatment 

to prevent serious deterioration, spot painting only should be done when 

practicable.

 (b) Carpentry and glazing should be limited to: work necessary to close 

openings against weather and pilferage; making necessary repairs to 

floors, roofs, and sidewalls as a protection against further damage; shoring 

and bracing of structures to preclude structural failures; and similar 

operations.

 (c) Any necessary roofing and sheet metal repairs should, as a rule, be 

on a patch basis.

 (d) Masonry repairs, including brick, tile, and concrete construction, 

should be undertaken only to prevent leakage or disintegration, or to 

protect against imminent structural failure.

 (e) No buildings should be heated for maintenance purposes except in 

unusual circumstances.

 3. Mechanical and Electrical Installations. These include plumbing, 

heating, ventilating, air conditioning, sprinkler systems, fire alarm 

systems, electrical equipment, elevators, and similar items.

 (a) At facilities in inactive status, maintenance of mechanical and 

electrical installations should be limited to that which is necessary to 

prevent or arrest serious deterioration. In most cases, personnel should not 

be employed for this work except on a temporary basis at periodic 

intervals when it is determined by inspections that the work is necessary. 

Wherever possible electrical systems should be deenergized, water drained 

from all fixtures, heat turned off, and buildings secured against 

unauthorized entry. Sprinkler systems should be drained during freezing 

weather and reactivated when danger of freezing has passed.

 (b) At facilities in active status, such as multiple-tenancy operations, 

equipment should be kept in reasonable operating condition. Operation of 

equipment to furnish services to private tenants, as well as the 

procurement of utility services for distribution to tenants, should be 

carried on only to the extent necessary to comply with lease or permit 

conditions, or in cases where it is impracticable for tenants to obtain such 

services directly from utility companies or other sources.

 (c) At facilities where elevators and/or high-pressure boilers and related 

equipment are in operation, arrangements should be made for periodic 

inspections by qualified and licensed inspectors to insure that injury to 

personnel, loss of life, or damage to property does not occur.

 (d) Individual heaters should be used, when practicable, in lieu of 

operating heating plants.

 4. Grounds, Roads, Railroads, and Fencing. (a) Maintenance of 

grounds should be confined largely to removal of vegetation where 

necessary to avoid fire hazards and to control poisonous and noxious plant 

growth in accordance with local and State laws and regulations; plowing 

of fire lanes where needed; and removal of snow from roads and other 

areas only to the extent necessary to provide access for maintenance, fire 

protection, and similar activities. Wherever practicable, hay crops should 

be sold to the highest bidders with the purchaser performing all labor in 

connection with cutting and removal. Also, agricultural and/or grazing 

leases may be resorted to, if practicable, as other means of reducing the 

cost of grounds maintenance. Any such leases shall be subject to the 

provisions of Sec. 101-47.203-9 or Sec. 101-47.312.

 (b) Only that portion of the road network necessary for firetruck and 

other minimum traffic should be maintained. The degree to which such 

roads are to be maintained should be only that necessary to permit safe 

passage at a reasonable speed.

 (c) Railroads should not be maintained except as might be required for 

protection and maintenance operations, or as required under the 

provisions of a lease or permit.

 (d) Ditches and other drainage facilities should be kept sufficiently 

clear to permit surface water to run off.

 (e) Fencing, or other physical barrier, should be kept in repair 

sufficiently to afford protection against unauthorized entry.

 5. Utilities. (a) At inactive properties, water systems, sewage disposal 

systems, electrical distribution systems, etc., should be maintained only to 

the extent necessary to provide the minimum services required. Buildings 

or areas not requiring electrical service or water should be deenergized 

electrically and the water valved off. Utilities not in use, or which are 

serving dismantled or abandoned structures, should not be maintained.

 (b) At active properties, water supply, electrical power, and sewage 

disposal facilities frequently must be operated at rates much below 

designed capacities. Engineering studies should determine the structural 

and operating changes necessary for maximum economy. Where leakage 

is found in water distribution lines, such lines may be valved off rather 

than repaired, unless necessary for fire protection or other purposes.

 (c) Where utilities are purchased by contract, such contracts should be 

reviewed to determine if costs can be reduced by revision of the contracts.

 6. Properties to be Disposed of as Salvage. No funds should be 

expended for maintenance on properties where the highest and best use 

has been determined to be salvage.

 D. Repairs. Repairs should be limited to those additions or changes that 

are necessary for the preservation and maintenance of the property to deter 

or prevent excessive, rapid, or dangerous deterioration or obsolescence 

and to restore property damaged by storm, flood, fire, accident, or 

earthquake only where it has been determined that restoration is required.

 E. Improvements. No costs should be incurred to increase the sales 

value of a property, and no costs should be incurred to make a property 

disposable without the prior approval of GSA. (See Sec. 101-47.401-5.) 

 [29 FR 16126, Dec. 3, 1964, as amended at 30 FR 11281, Aug. 2, 

1965]

Sec. 101-47.4914 Executive Order 12512.

 

 Note: The illustrations in Sec. 101-47.4914 are filed as part of the 

original document and do not appear in this volume 

 [50 FR 194, Jan. 3, 1986]

December 1997 E-43

45 CFR Part 12:

Department of Health and Human 

Services

PART 12—DISPOSAL AND UTILIZATION OF SURPLUS REAL 

PROPERTY FOR PUBLIC HEALTH PURPOSES

Sec.

12.1 Definitions.

12.2 Scope.

12.3 General policies.

12.4 Limitations.

12.5 Awards.

12.6 Notice of available property.

12.7 Applications for surplus real property.

12.8 Assignment of surplus real property.

12.9 General disposal terms and conditions.

12.10 Compliance with the National Environmental Policy Act of 1969 

and other related Acts (environmental impact).

12.11 Special terms and conditions.

12.12 Utilization.

12.13 Form of conveyance.

12.14 Compliance inspections and reports.

12.15 Reports to Congress.

Exhibit A—Public Benefit Allowance for Transfer of Real Property for 

Health Purposes

 AUTHORITY: Sec. 203, 63 Stat. 385, as amended; 40 U.S.C. 484; sec. 

501 of Pub. L. 100-77, 101 Stat. 509-10, 42 U.S.C. 11411.

 SOURCE: 45 FR 72173, Oct. 31, 1980, unless otherwise noted.

Sec. 12.1 Definitions.

 (a) “Act” means the Federal Property and Administrative Services Act of 

1949, 63 Stat. 377 (40 U.S.C. 471 et seq.). Terms defined in the Act and 

not defined in this section have the meanings given to them in the Act.

 (b) “Accredited” means having the approval of a recognized 

accreditation board or association on a regional, State, or national level, 

such as a State Board of Health. “Approval” as used above describes the 

formal process carried out by State Agencies and institutions in 

determining that health organizations or programs meet minimum 

acceptance standards.

 (c) “Administrator” means the Administrator of General Services.

 (d) “Assigned property” means real and related personal property which, 

in the discretion of the Administrator or his designee, has been made 

available to the Department for transfer for public health purposes.

 (e) “Department” means the U.S. Department of Health and Human 

Services.

 (f) “Disposal agency” means the executive agency of the Government 

which has authority to assign property to the Department for transfer for 

public health purposes.

 (g) “Excess” means any property under the control of any Federal 

agency which is not required for its needs and the discharge of its

responsibilities, as determined by the head thereof.

 (h) “Fair market value” means the highest price which the property will 

bring by sale in the open market by a willing seller to a willing buyer.

 (i) “Holding agency” means the Federal agency which has control over 

and accountability for the property involved.

 (j) “Nonprofit institution” means any institution, organization, or 

association, whether incorporated or unincorporated, no part of the net 

earnings of which inures or may lawfully inure to the benefit of any 

private shareholder or individual, and (except for institutions which lease 

property to assist the homeless under Title V of Pub. L. 100-77) which 

has been held to be tax-exempt under section 501(c)(3) of the Internal 

Revenue Code of 1954.

 (k) “Off-site property” means surplus buildings, utilities and all other 

removable improvements, including related personal property, to be 

transferred by the Department for removal and use away from the site for 

public health purposes.

 (l) “On-site” means surplus real property, including related personal 

property, to be transferred by the Department for use in place for public 

health purposes.

 (m) “Public benefit allowance” means a discount on the sale or lease 

price of real property transferred for public health purposes, representing 

any benefit determined by the Secretary which has accrued or may accrue 

to the United States thereby.

 (n) “Related personal property” means any personal property: (1) Which 

is located on and is (i) an integral part of, or (ii) useful in the operation of 

real property; or (2) which is determined by the Administrator to be 

otherwise related to the real property.

 (o) “Secretary” means the Secretary of Health and Human Services.

 (p) “State” means a State of the United States, and includes the District 

of Columbia, the Commonwealth of Puerto Rico, and the Territories and 

possessions of the United States.

 (q) “Surplus” when used with respect to real property means any excess 

real property not required for the needs and the discharge of the 

responsibilities of all Federal agencies as determined by the 

Administrator.

[45 FR 72173, Oct. 31, 1980, as amended at 53 FR 7745, Mar. 10, 

1988]

Sec. 12.2 Scope.

 This part is applicable to surplus real property located within any State 

which is appropriate for assignment to, or which has been assigned to, the 

Department for transfer for public health purposes, as provided for in 

section 203(k) of the Act.

Sec. 12.3 General Policies.

 (a) It is the policy of the Department to foster and assure maximum 

utilization of surplus real property for public health purposes, including 

research.

 (b) Transfers may be made only to States, their political subdivisions and 

instrumentalities, tax-supported public health institutions, and nonprofit 

public health institutions which (except for institutions which lease 

property to assist the homeless under Title V of Pub. L. 100-77) have 

been held tax-exempt under section 501(c)(3) of the Internal Revenue 

Code of 1954.

 (c) Real property will be requested for assignment only when the 

Department has determined that the property is suitable and needed for 

public health purposes. The amount of real and related personal property 
45 CFR Part 12: Department of Health and Human Services

E-44 December 1997

to be transferred shall not exceed normal operating requirements of the 

applicant. Such property will not be requested for assignment unless it is 

needed at the time of application for public health purposes or will be so 

needed within the immediate or foreseeable future. Where construction or 

major renovation is not required or proposed, the property must be placed 

into use within twelve (12) months from the date of transfer. When 

construction or major renovation is contemplated at the time of transfer, 

the property must be placed in use within 36 months from the date of 

transfer. If the applicable time limitation is not met, the transferee shall 

either commence payments in cash to the Department for each month 

thereafter during which the proposed use has not been implemented or 

take such other action as set forth in Sec. 12.12 as is deemed appropriate 

by the Department. Such monthly payments shall be computed on the 

basis of the current fair market value of the property at the time of the first 

payment by subtracting therefrom any portion of the purchase price paid 

in cash at the time of transfer, and by dividing the balance by the total 

number of months in the period of restriction. If the facility has not been 

placed into use within eight (8) years of the date of the deed, title to the 

property will be revested in the United States, or, at the discretion of the 

Department, the restrictions and conditions may be abrogated in 

accordance with Sec. 12.9.

 (d) Transfers will be made only after the applicant has certified that the 

proposed program is not in conflict with State or local zoning restrictions, 

building codes, or similar limitations.

 (e) Organizations which may be eligible include those which provide 

care and training for the physically and mentally ill, including medical 

care of the aged and infirm; clinical services; services (including shelter) 

to homeless individuals; other public health services (including water and 

sewer); or similar services devoted primarily to the promotion and 

protection of public health. In addition, organizations which provide 

assistance to homeless individuals may be eligible for leases under title V 

of Public Law 100-77. Except for the provision of services (including 

shelter) to homeless individuals, organizations which have as their 

principal purpose the providing of custodial or domiciliary care are not 

eligible. The eligible organization must be authorized to carry out the 

activity for which it requests the property.

 (f) An applicant's plan of operation will not be approved unless it 

provides that the applicant will not discriminate because of race, color, 

sex, handicap, or national origin in the use of the property.

[45 FR 72173, Oct. 31, 1980, as amended at 53 FR 7745, Mar. 10, 

1988; 55 FR 32252, Aug. 8, 1990]

Sec. 12.4 Limitations.

 (a) Surplus property transferred pursuant to this part will be disposed of 

on an "as is, where is," basis without warranty of any kind.

 (b) Unless excepted by the General Services Administrator in his 

assignment, mineral rights will be conveyed together with the surface 

rights.

Sec. 12.5 Awards.

 Where there is more than one applicant for the same property, it will be 

awarded to the applicant having a program of utilization which provides, 

in the opinion of the Department, the greatest public benefit. Where the 

property will serve more than one program, it will be apportioned to fit the 

needs of as many programs as is practicable.

Sec. 12.6 Notice of available property.

 Reasonable publicity will be given to the availability of surplus real 

property which is suitable for assignment to the Department for transfer 

for public health uses. The Department will establish procedures 

reasonably calculated to afford all eligible users having a legitimate 

interest in acquiring the property for such uses an opportunity to make an 

application therefor. However, publicity need not be given to the 

availability of surplus real property which is occupied and being used for 

eligible public health purposes at the time the property is declared surplus, 

the occupant expresses interest in the property, and the Department 

determines that it has a continuing need therefor.

Sec. 12.7 Applications for surplus real property.

 Applications for surplus real property for public health purposes shall be 

made to the Department through the office specified in the notice of 

availability.

[55 FR 32252, Aug. 8, 1990]

Sec. 12.8 Assignment of surplus real property.

 (a) Notice of interest in a specific property for public health purposes 

will be furnished the General Services Administrator by the Department at 

the earliest possible date.

 (b) Requests to the Administrator for assignment of surplus real property 

to the Department for transfer for public health purposes will be based on 

the following conditions:

 (1) The Department has an acceptable application for the property.

 (2) The applicant is willing, authorized, and in a position to assume 

immediate care, custody, and maintenance of the property.

 (3) The applicant is able, willing and authorized to pay the 

administrative expenses incident to the transfer.

 (4) The applicant has the necessary funds, or the ability to obtain such 

funds, to carry out the approved program of use of the property.

Sec. 12.9 General disposal terms and conditions.

 (a) Surplus real property transfers under this part will be limited to 

public health purposes. Transferees shall be entitled to a public benefit 

allowance in terms of a percentage which will be applied against the value 

of the property to be conveyed. Such an allowance will be computed on 

the basis of benefits to the United States from the use of such property for 

public health purposes. The computation of such public benefit 

allowances will be in accordance with Exhibit A attached hereto and 

made a part hereof.

 (b) A transfer of surplus real property for public health purposes is 

subject to the disapproval of the Administrator within 30 days after notice 

is given to him of the proposed transfer.

 (c) Transfers will be on the following terms and conditions:

 (1) The transferee will be obligated to utilize the property continuously 

in accordance with an approved plan of operation.

 (2) The transferee will not be permitted to sell, lease or sublease, rent, 

mortgage, encumber, or otherwise dispose of the property, or any part 

thereof, without the prior written authorization of the Department.

 (3) The transferee will file with the Department such reports covering the 

utilization of the property as may be required.

 (4) In the event the property is sold, leased or subleased, encumbered, 

disposed of, or is used for purposes other than those set forth in the 

approved plan without the consent of the Department, all revenues or the 

reasonable value of other benefits received by the transferee directly or 

indirectly from such use, as determined by the Department, will be 

considered to have been received and held in trust by the transferee for the 

account of the United States and will be subject to the direction and 

control of the Department. The provisions of this paragraph shall not 

impair or affect the rights reserved to the United States in paragraph (c)(6) 

of this section, or the right of the Department to impose conditions to its 

consent.

 (5) Lessees will be required to carry all perils and liability insurance to 

protect the Government and the Government's residual interest in the 

property. Transferees will be required to carry such flood insurance as 

may be required by the Department pursuant to Pub. L. 93-234. Where 

the transferee elects to carry insurance against damages to or loss of onsite property due to fire or other hazards, and where loss or damage to 

transferred Federal surplus real property occurs, all proceeds from 

insurance shall be promptly used by the transferee for the purpose of 

repairing and restoring the property to its former condition, or replacing it 

with equivalent or more suitable facilities. If not so used, there shall be 

paid to the United States that part of the insurance proceeds that is 

attributable to the Government's residual interest in the property lost, 

damaged, or destroyed in the case of leases, attributable to the fair market 

value of the leased facilities.

 (6) With respect to on-site property, in the event of noncompliance with 

any of the conditions of the transfer as determined by the Department, title 
DoD Base Reuse Implementation Manual

December 1997 E-45

to the property transferred and the right to immediate possession shall, at 

the option of the Department, revert to the Government. In the event title 

is reverted to the United States for noncompliance or voluntarily 

reconveyed, the transferee shall, at the option of the Department, be 

required to reimburse the Government for the decrease in value of the 

property not due to reasonable wear and tear or acts of God or attributable 

to alterations completed by the transferee to adapt the property to the 

public health use for which the property was transferred. With respect to 

leased property, in the event of noncompliance with any of the conditions 

of the lease, as determined by the Department, the right of occupancy and 

possession shall, at the option of the Department, be terminated. In the 

event a leasehold is terminated by the United States for noncompliance or 

is voluntarily surrendered, the lessee shall be required at the option of the 

Department to reimburse the Government for the decrease in value of the 

property not due to reasonable wear and tear or acts of God or attributable 

to alterations completed by the lessee to adapt the property to the public 

health use for which the property was leased.

With respect to any reverter of title or termination of leasehold resulting 

from noncompliance, the Government shall, in addition thereto, be 

reimbursed for such costs as may be incurred in recovering title to or 

possession of the property.

Any payments of cash made by the transferee against the purchase price of 

property transferred shall, upon a forfeiture of title to the property for 

breach of condition, be forfeited.

 (7) With respect to off-site property, in the event of noncompliance with 

any of the terms and conditions of the transfer, the unearned public benefit 

allowance shall, at the option of the Department, become immediately due 

and payable or, if the property or any portion thereof is sold, leased, or 

otherwise disposed of without authorization from the Department, such 

sale, lease or sublease, or other disposal shall be for the benefit and 

account of the United States and the United States shall be entitled to the 

proceeds. In the event the transferee fails to remove the property or any 

portion thereof within the time specified, then in addition to the rights 

reserved above, at the option of the Department, all right, title, and 

interest in and to such unremoved property shall be retransferred to other 

eligible applicants or shall be forfeited to the United States.

 (8) With respect only to on-site property which has been declared excess 

by the Department of Defense, such declaration having included a 

statement indicating the property has a known potential for use during a 

national emergency, the Department shall reserve the right during any 

period of emergency declared by the President of the United States or by 

the Congress of the United States to the full and unrestricted use by the 

Government of the surplus real property, or of any portion thereof, 

disposed of in accordance with the provisions of this part. Such use may 

be either exclusive or nonexclusive. Prior to the expiration or termination 

of the period of restricted use by the transferee, the Government will not 

be obligated to pay rent or any other fees or charges during the period of 

emergency, except that the Government will:

 (i) Bear the entire cost of maintenance of such portion of the property 

used by it exclusively or over which it may have exclusive possession or 

control;

 (ii) Pay the fair share, commensurate with the use of the cost of 

maintenance of such surplus real property as it may use nonexclusively or 

over which it may have nonexclusive possession or control;

 (iii) Pay a fair rental for the use of improvements or additions to the 

surplus real property made by the purchaser or lessee without 

Government aid; and

 (iv) Be responsible for any damage to the surplus real property caused 

by its use, reasonable wear and tear, the common enemy and acts of God 

excepted. Subsequent to the expiration or termination of the period of 

restricted use, the obligations of the Government will be as set forth in the 

preceding sentence and, in addition, the Government shall be obligated to 

pay a fair rental for all or any portion of the conveyed premises which it 

uses.

 (9) The restrictions set forth in paragraphs (c) (1) through (7) of this 

section will extend for thirty (30) years for land with or without 

improvements; and for facilities being acquired separately from land 

whether they are for use on-site or off-site, the period of limitations on the 

use of the structures will be equal to their estimated economic life. The 

restrictions set forth in paragraphs (c) (1) through (7) of this section will 

extend for the entire initial lease period and for any renewal periods for 

property leased from the Department.

 (d) Transferees, by obtaining the consent of the Department, may 

abrogate the restrictions set forth in paragraph (c) of this section for all or 

any portion of the property upon payment in cash to the Department of an 

amount equal to the then current fair market value of the property to be 

released, multiplied by the public benefit allowance granted at the time of 

conveyance, divided by the total number of months of the period of 

restriction set forth in the conveyance document and multiplied by the 

number of months that remain in the period of restriction as determined by 

the Department. For purposes of abrogation payment computation, the 

current fair market value shall not include the value of any improvements 

placed on the property by the transferee.

 (e) Related personal property will be transferred or leased as a part of the 

realty and in accordance with real property procedures. It will be subject 

to the same public benefit allowance granted for the real property. Where 

related personal property is involved in an on-site transfer, the related 

personal property may be transferred by a bill of sale imposing restrictions 

for a period not to exceed five years from the date of transfer, other terms 

and conditions to be the same as, and made a part of, the real property 

transaction.

Sec. 12.10 Compliance with the National Environmental Policy Act 

of 1969 and other related acts (environmental impact).

 (a) The Department will, prior to making a final decision to convey or 

lease, or to amend, reform, or grant an approval or release with respect to 

a previous conveyance or lease of, surplus real property for public health 

purposes, complete an environmental assessment of the proposed 

transaction in keeping with applicable provisions of the National 

Environmental Policy Act of 1969, the National Historic Preservation Act 

of 1966, the National Archeological Data Preservation Act, and other 

related acts. No permit to use surplus real property shall allow the 

permittee to make, or cause to be made, any irreversible change in the 

condition of said property, and no use permit shall be employed for the 

purpose of delaying or avoiding compliance with the requirements of 

these Acts.

 (b) Applicants shall be required to provide such information as the 

Department deems necessary to make an assessment of the impact of the 

proposed Federal action on the human environment. Materials contained 

in the applicant's official request, responses to a standard questionnaire 

prescribed by the Public Health Service, as well as other relevant 

information, will be used by the Department in making said assessment.

 (c) If the assessment reveals (1) That the proposed Federal action 

involves properties of historical significance which are listed, or eligible 

for listing, in the National Register of Historic Places, or (2) that a more 

than insignificant impact on the human environment is reasonably 

foreseeable as a result of the proposed action, or (3) that the proposed 

Federal action could result in irreparable loss or destruction of 

archeologically significant items or data, the Department will, except as 

provided for in paragraph (d) below, prepare and distribute, or cause to be 

prepared or distributed, such notices and statements and obtain such 

approvals as are required by the above cited Acts.

 (d) If a proposed action involves other Federal agencies in a sequence of 

actions, or a group of actions, directly related to each other because of 

their functional interdependence, the Department may enter into and 

support a lead agency agreement to designate a single lead agency which 

will assume primary responsibility for coordinating the assessment of 

environmental effects of proposed Federal actions, preparing and 

distributing such notices and statements, or obtaining such approvals, as 

are required by the above cited Acts. The procedures of the designated 

lead agency will be utilized in conducting the environmental assessment. 

In the event of disagreement between the Department and another Federal 

agency, the Department will reserve the right to abrogate its lead agency 

agreement with the other Federal Agency.

[45 FR 72173, Oct. 31, 1980, as amended at 55 FR 32252, Aug. 8, 
45 CFR Part 12: Department of Health and Human Services

E-46 December 1997

1990] 

Sec. 12.11 Special terms and conditions.

 (a) Applicants will be required to pay all external administrative costs 

which will include, but not be limited to, taxes, surveys, appraisals, 

inventory costs, legal fees, title search, certificate or abstract expenses, 

decontamination costs, moving costs, closing fees in connection with the 

transaction and service charges, if any, made by State Agencies for 

Federal Property Assistance under the terms of a cooperative agreement 

with the Department.

 (b) In the case of off-site property, applicants will be required to post 

performance bonds, make performance guarantee deposits, or give such 

other assurances as may be required by the Department or the holding 

agency to insure adequate site clearance and to pay service charges, if 

any, made by State Agencies for Federal Property Assistance under the 

terms of a cooperative agreement with the Department.

 (c) Whenever negotiations are undertaken for disposal to private 

nonprofit public health organizations of any surplus real property which 

cost the Government $1 million or more, the Department will give notice 

to the Attorney General of the United States of the proposed disposal and 

the terms and conditions thereof. The applicant shall furnish to the 

Department such information and documents as the Attorney General 

may determine to be appropriate or necessary to enable him to give the 

advice as provided for by section 207 of the Act.

 (d) Where an applicant proposes to acquire or lease and use in place 

improvements located on land which the Government does not own, he 

shall be required, before the transfer is consummated, to obtain a right to 

use the land commensurate with the duration of the restrictions applicable 

to the improvements, or the term of the lease. The applicant will be 

required to assume, or obtain release of, the Government's obligations 

respecting the land including but not limited to obligations relating to 

restoration, waste, and rent. At the option of the Department, the applicant 

may be required to post a bond to indemnify the Government against such 

obligations. 

 (e) The Department may require the inclusion in the transfer or lease 

document of any other provision deemed desirable or necessary.

 (f) Where an eligible applicant for an on-site transfer proposes to 

construct new, or rehabilitate old, facilities, the financing of which must 

be accomplished through issuance of revenue bonds having terms 

inconsistent with the terms and conditions of transfer prescribed in Sec. 

12.9 (c), (d), and (e) of this chapter, the Department may, in its discretion, 

impose such alternate terms and conditions of transfer in lieu thereof as 

may be appropriate to assure utilization of the property for public health 

purposes. 

Sec. 12.12 Utilization.

 (a) Where property or any portion thereof is not being used for the 

purposes for which transferred, the transferee will be required at the 

direction of the Department:

 (1) To place the property into immediate use for an approved purpose;

 (2) To retransfer such property to such other public health user as the 

Department may direct; 

 (3) To sell such property for the benefit and account of the United States;

 (4) To return title to such property to the United States or to relinquish 

any leasehold interest therein;

 (5) To abrogate the conditions and restrictions of the transfer, as set forth 

in Sec. 12.9(d) of this chapter, except that, where property has never been 

placed in use for the purposes for which transferred, abrogation will not be 

permitted except under extenuating circumstances; or 

 (6) To make payments as provided for in Sec. 12.3(c) of this chapter.

 (b) Where the transferee or lessee desires to place the property in 

temporary use for a purpose other than that for which the property was 

transferred or leased, approval from the Department must be obtained, 

and will be conditioned upon such terms as the Department may impose. 

Sec. 12.13 Form of conveyance.

 (a) Transfers or leases of surplus real property will be on forms approved 

by the Office of General Counsel of the Department and will include such 

of the disposal or lease terms and conditions set forth in this part and such 

other terms and conditions as the Office of General Counsel may deem 

appropriate or necessary.

 (b) Transfers of on-site property will normally be by quitclaim deed 

without warranty of title.

Sec. 12.14 Compliance inspections and reports.

 The Department will make or have made such compliance inspections as 

are necessary and will require of the transferee or lessee such compliance 

reports and actions as are deemed necessary.

Sec. 12.15 Reports to Congress.

 The Secretary will make such reports of real property disposal activities 

as are required by section 203 of the Act and such other reports as may be 

required by law.
December 1997 E-47

34 CFR Part 12:

Department of Education

PART 12—DISPOSAL AND UTILIZATION OF SURPLUS 

FEDERAL REAL PROPERTY FOR EDUCATIONAL PURPOSES

 

Subpart A—General

 

 Sec.

 12.1 What is the scope of this part?

 12.2 What definitions apply?

 12.3 What other regulations apply to this program?

Subpart B—Distribution of Surplus Federal Real Property

 

 12.4 How does the Secretary provide notice of availability of surplus 

Federal real property?

 12.5 Who may apply for surplus Federal real property?

 12.6 What must an application for surplus Federal real property 

contain?

 12.7 How is surplus Federal real property disposed of when there is 

more than one applicant?

 12.8 What transfer or lease instruments does the Secretary use?

 12.9 What warranties does the Secretary give?

 12.10 How is a Public Benefit Allowance (PBA) calculated?

 

Subpart C—Conditions Applicable to Transfers or Leases

 

 12.11 What statutory provisions and Executive Orders apply to 

transfers of surplus Federal real property?

 12.12 What are the terms and conditions of transfers or leases of surplus 

Federal real property?

 12.13 When is use of the transferred surplus Federal real property by 

entities other than the transferee or lessee permissible?

 

Subpart D—Enforcement

 

 12.14 What are the sanctions for noncompliance with a term or 

condition of a transfer or lease of surplus Federal real property?

 

Subpart E—Abrogation

 

 12.15 What are the procedures for securing an abrogation of the 

conditions and restrictions contained in the conveyance instrument?

 

 Appendix A to Part 12—Public Benefit Allowance for Transfer of 

Surplus Federal Real Property for Educational Purposes

 

 Authority : 40 U.S.C. 471-488; 20 U.S.C. 3401 et seq.; 42 U.S.C. 

2000d (1) et seq.; 20 U.S.C. 1681 et seq.; 29 U.S.C. 794 et seq.; 42 

U.S.C. 4332.

 

 SOURCE: 57 FR 60394, Dec. 18, 1992, unless otherwise noted.

Sec. 12.1 What is the scope of this part?

 This part is applicable to surplus Federal real property located within 

any State that is appropriate for assignment to, or that has been assigned 

to, the Secretary by the Administrator for transfer for educational 

purposes, as provided for in section 203(k) of the Federal Property and 

Administrative Services Act of 1949, as amended, 63 Stat. 377 (40 

U.S.C. 471 et seq.).

 

 (Authority: 40 U.S.C. 484(k))

 

Sec. 12.2 What definitions apply?

 (a) Definitions in the Act. The following terms used in this part are 

defined in section 472 of the Act:

 

 Administrator

 Surplus property

 

 (b) Definitions in the Education Department General Administrative 

Regulations (EDGAR). The following terms used in this part are defined 

in 34 CFR 77.1:

 

 Department

 Secretary

 State

 

 (c) Other Definitions: The following definitions also apply to this part:

 Abrogation means the procedure the Secretary may use to release the 

transferee of surplus Federal real property from the covenants, conditions, 

reservations, and restrictions contained in the conveyance instrument 

before the term of the instrument expires.

 Act means the Federal Property and Administrative Services Act of 

1949, as amended, 63 Stat. 377 (40 U.S.C. 471 et seq.).

 Applicant means an eligible entity as described in Sec.12.5 that 

formally applies to be a transferee or lessee of surplus Federal real 

property, using a public benefit allowance (PBA) under the Act.

 Lessee, except as used in Sec.12.14(a)(5), means an entity that is given 

temporary possession, but not title, to surplus Federal real property by the 

Secretary for educational purposes.

 Nonprofit institution means any institution, organization, or 

association, whether incorporated or unincorporated—

 (1) The net earnings of which do not inure or may not lawfully inure to 

the benefit of any private shareholder or individual; and

 (2) That has been determined by the Internal Revenue Service to be 

tax-exempt under section 501(c)(3) of title 26.

 Off-site property means surplus buildings and improvements—

including any related personal property—that are capable of being 

removed from the underlying land and that are transferred by the 

Secretary without transferring the underlying real property.

 On-site property means surplus Federal real property, including any 

related personal property—other than off-site property.

 Period of restriction means that period during which the surplus Federal 

real property transferred for educational purposes must be used by the 

transferee or lessee in accordance with covenants, conditions, and any 

other restrictions contained in the conveyance instrument.

 Program and plan of use means the educational activities to be 

conducted by the transferee or lessee using the surplus Federal real 

property, as described in the application for that property.

 Public benefit allowance (“PBA”) means the credit, calculated in 

accordance with Appendix A to this part, given to a transferee or lessee 

which is applied against the fair market value of the surplus Federal real 

property at the time of the transfer or lease of such property in exchange 

for the proposed educational use of the property by the transferee or 

lessee.

 Related personal property means any personal property—
34 CFR Part 12: Department of Education

E-48 December 1997

 (1) That is located on and is an integral part of, or incidental to the 

operation of, the surplus Federal real property; or

 (2) That is determined by the Administrator to be otherwise related to 

the surplus Federal real property.

 Surplus Federal real property means the property assigned or suitable 

for assignment to the Secretary by the Administrator for disposal under 

the Act.

 Transfer means to sell and convey title to surplus Federal real property 

for educational purposes as described in this part.

 Transferee means that entity which has purchased and acquired title to 

the surplus Federal real property for educational purposes pursuant to 

section 203(k) of the Act.

 

 (Authority: 40 U.S.C. 472 and 20 U.S.C. 3401 et seq.)

Sec. 12.3 What other regulations apply to this program?

 The following regulations apply to this program:

 (a) 34 CFR Parts 100, 104, and 106.

 (b) 41 CFR Part 101-47.

 (c) 34 CFR Part 85.

 

 (Authority: 40 U.S.C. 484(k); 42 U.S.C. 2000d-1 et seq.; 29 U.S.C. 794 

et seq.; 20 U.S.C. 1681 et seq.; Executive Order 12549; and 20 U.S.C. 

3474)

Subpart B—Distribution of Surplus Federal Real Property

Sec. 12.4 How does the Secretary provide notice of availability of 

surplus Federal real property?

 The Secretary notifies potential applicants of the availability of surplus 

Federal real property for transfer for educational uses in accordance with 

41 CFR 101-47.308-4.

 

 (Authority: 40 U.S.C. 484(k)(1))

Sec. 12.5 Who may apply for surplus Federal real property?

 The following entities may apply for surplus Federal real property:

 (a) A State.

 (b) A political subdivision or instrumentality of a State.

 (c) A tax-supported institution.

 (d) A nonprofit institution.

 (e) Any combination of these entities.

 

 (Authority: 40 U.S.C. 484(k)(1)(A))

Sec. 12.6 What must an application for surplus Federal real 

property contain?

 An application for surplus Federal real property must—

 (a) Contain a program and plan of use;

 (b) Contain a certification from the applicant that the proposed program 

is not in conflict with State or local zoning restrictions, building codes, or 

similar limitations;

 (c) Demonstrate that the proposed program and plan of use of the 

surplus Federal real property is for a purpose that the applicant is 

authorized to carry out;

 (d) Demonstrate that the applicant is able, willing, and authorized to 

assume immediate custody, use, care, and maintenance of the surplus 

Federal real property;

 (e) Demonstrate that the applicant is able, willing, and authorized to 

pay the administrative expenses incident to the transfer or lease;

 (f) Demonstrate that the applicant has the necessary funds, or the ability 

to obtain those funds immediately upon transfer or lease, to carry out the 

proposed program and plan of use for the surplus Federal real property;

 (g) Demonstrate that the applicant has an immediate need and ability to 

use all of the surplus Federal real property for which it is applying;

 (h) Demonstrate that the surplus Federal real property is needed for 

educational purposes at the time of application and that it is so needed for 

the duration of the period of restriction;

 (i) Demonstrate that the surplus Federal real property is suitable or 

adaptable to the proposed program and plan of use; and

 (j) Provide information requested by the Secretary in the notice of 

availability, including information of the effect of the proposed program 

and plan of use on the environment.

 

 (Authority: 40 U.S.C. 484(k))

 

 (Approved by the Office of Management and Budget under control 

number 1880-0524)

Sec. 12.7 How is surplus Federal real property disposed of when 

there is more than one applicant?

 (a) If there is more than one applicant for the same surplus Federal real 

property, the Secretary transfers or leases the property to the applicant 

whose proposed program and plan of use the Secretary determines 

provides the greatest public benefit, using the criteria contained in 

appendix A to this part that broadly address the weight given to each type 

of entity applying and its proposed program and plan of use. (See example 

in Sec. 12.10(d)).

 (b) If, after applying the criteria described in paragraph (a) of this 

section, two or more applicants are rated equally, the Secretary transfers 

or leases the property to one of the applicants after—

 (1) Determining the need for each applicant’s proposed educational use 

at the site of the surplus Federal real property;

 (2) Considering the quality of each applicant’s proposed program and 

plan of use; and

 (3) Considering each applicant’s ability to carry out its proposed 

program and plan of use.

 (c) If the Secretary determines that the surplus Federal real property is 

capable of serving more than one applicant, the Secretary may apportion 

it to fit the needs of as many applicants as is practicable.

 (d)(1) The Secretary generally transfers surplus Federal real property to 

a selected applicant that meets the requirements of this part.

 (2) Alternatively, the Secretary may lease surplus Federal real property 

to a selected applicant that meets the requirements of this part if the 

Secretary determines that a lease will promote the most effective use of 

the property consistent with the purposes of this part or if having a lease is 

otherwise in the best interest of the United States, as determined by the 

Secretary.

 

 (Authority: 40 U.S.C. 484(k))

Sec. 12.8 What transfer or lease instruments does the Secretary 

use?

 (a) The Secretary transfers or leases surplus Federal real property using 

transfer or lease instruments that the Secretary prescribes.

 (b) The transfer or lease instrument contains the applicable terms and 

conditions described in this part and any other terms and conditions the 

Secretary or Administrator determines are appropriate or necessary.

 

 (Authority: 40 U.S.C. 484(c))

Sec. 12.9 What warranties does the Secretary give?

 The Secretary transfers or leases surplus Federal real property on an “as 

is, where is,” basis without warranty of any kind.

 

 (Authority: 40 U.S.C. 484(k)(1))

Sec. 12.10 How is a Public Benefit Allowance (PBA) calculated?

 (a) The Secretary calculates a PBA in accordance with the provisions 

of appendix A to this part taking into account the nature of the applicant, 

and the need for, impact of, and type of program and plan of use for the 

property, as described in that appendix.

 (b) The following are illustrative examples of how a PBA would be

 calculated and applied under Appendix A:

 (1) Entity A is a specialized school that has had a building destroyed by 

fire, and that has existing facilities determined by the Secretary to be 

between 26 and 50% inadequate. It is proposing to use the surplus Federal 

real property to add a new physical education program. Entity A would 
DoD Base Reuse Implementation Manual

December 1997 E-49

receive a basic PBA of 70%, a 10% hardship organization allowance, a 

20% allowance for inadequacy of existing school plant facilities, and a 

10% utilization allowance for introduction of new instructional programs. 

Entity A would have a total PBA of 110%. If Entity A is awarded the 

surplus Federal real property, it would not be required to pay any cash for 

the surplus Federal real property, since the total PBA exceeds 100%.

 (2) Entity B proposes to use the surplus Federal real property for nature 

walks. Because this qualifies as an outdoor educational program, Entity B 

would receive a basic PBA of 40%. If Entity B is awarded the surplus 

Federal real property, it would be required to pay 60% of the fair market 

value of the surplus Federal real property in cash at the time of the 

transfer.

 (3) Entity C is an accredited university, has an ROTC unit, and 

proposes to use the surplus Federal real property for a school health clinic 

and for special education of the physically handicapped. Entity C would 

receive a basic PBA of 50% (as a college or university), a 20% 

accreditation organization allowance (accredited college or university), a 

10% public service training organization allowance (ROTC), a 10% 

student health and welfare utilization allowance (school health clinic), and 

a 10% service to the handicapped utilization allowance (education of the 

physically handicapped). Entity C would have a total PBA of 100%. If 

Entity C is awarded the surplus Federal real property, it would not be 

required to pay any cash for the surplus Federal real property, since the 

total PBA is 100%.

 (4) Entities A, B, and C all submit applications for the same surplus 

Federal real property. Unless the Secretary decides to apportion it, the 

Secretary transfers or leases the surplus Federal real property to Entity A, 

since its proposed program and plan of use has the highest total PBA.

 

 (Authority: 40 U.S.C. 484(k)(1)(c))

Subpart C—Conditions Applicable to Transfers or Leases

Sec. 12.11 What statutory provisions and Executive Orders apply 

to transfers of surplus Federal real property?

 The Secretary directs the transferee or lessee to comply with applicable 

provisions of the following statutes and Executive Orders prior to, or 

immediately upon, transfer or lease, as applicable:

 (a) National Environmental Policy Act of 1969, 42 U.S.C. 4332.

 (b) National Historic Preservation Act of 1966, 16 U.S.C. 470.

 (c) National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq.

 (d) Floodplain Management, Exec. Order No. 11988, 42 FR 26951 

(May 25, 1977).

 (e) Protection of Wetlands, Exec. Order No. 11990, 42 FR 26961 

(May 25, 1977).

 (f) Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000(d)(1) et 

seq.

 (g) Title IX of the Education Amendments of 1972, 20 U.S.C. 1681 et 

seq.

 (h) Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794 et 

seq.

 (i) Age Discrimination Act of 1975, 42 U.S.C. 1601 et seq.

 (j) Any other applicable Federal or State laws and Executive Orders.

 

 (Authority: 40 U.S.C. 484(k))

 

 (Approved by the Office of Management and Budget under control 

number 1880-0524)

Sec. 12.12 What are the terms and conditions of transfers or leases 

of surplus Federal real property?

 (a) General terms and conditions for transfers and leases. The following 

general terms and conditions apply to transfers and leases of surplus 

Federal real property under this part:

 (1) For the period provided in the transfer or lease instrument, the 

transferee or lessee shall use all of the surplus Federal real property it 

receives solely and continuously for its approved program and plan of use, 

in accordance with the Act and these regulations, except that—

 (i) The transferee or lessee has twelve (12) months from the date of 

transfer to place this surplus Federal real property into use, if the 

Secretary did not, at the time of transfer, approve in writing construction 

of major new facilities or major renovation of the property;

 (ii) The transferee or lessee has thirty-six (36) months from the date of 

transfer to place the surplus Federal real property into use, if the transferee 

or lessee proposes construction of major new facilities or major renovation 

of the property and the Secretary approves it in writing at the time of 

transfer; and

 (iii) The Secretary may permit use of the surplus Federal real property 

at any time during the period of restriction by an entity other than the 

transferee or lessee in accordance with Sec. 12.13.

 (2) The transferee or lessee may not modify its approved program and 

plan of use without the prior written consent of the Secretary.

 (3) The transferee or lessee may not sell, lease or sublease, rent, 

mortgage, encumber, or otherwise dispose of all or a portion of the surplus 

Federal real property or any interest therein without the prior written 

consent of the Secretary.

 (4) A transferee or lessee shall pay all administrative costs incidental to 

the transfer or lease including, but not limited to—

 (i) Transfer taxes;

 (ii) Surveys;

 (iii) Appraisals;

 (iv) Inventory costs;

 (v) Legal fees;

 (vi) Title search;

 (vii) Certificate or abstract expenses;

 (viii) Decontamination costs;

 (ix) Moving costs;

 (x) Recordation expenses;

 (xi) Other closing costs; and

 (xii) Service charges, if any, provided for by an agreement between the 

Secretary and the applicable State agency for Federal Property Assistance.

 (5) The transferee or lessee shall protect the residual financial interest 

of the United States in the surplus Federal real property by insurance or 

such other means as the Secretary directs.

 (6) The transferee or lessee shall file with the Secretary reports on its 

maintenance and use of the surplus Federal real property and any other 

reports required by the Secretary in accordance with the transfer or lease 

instrument.

 (7) Any other term or condition that the Secretary determines 

appropriate or necessary.

 (b) Additional terms and conditions for on-site transfers. The terms and 

conditions in the transfer, including those in paragraph (a) of this section, 

apply for a period not to exceed thirty (30) years.

 (c) Additional terms and conditions for off-site transfers. (1) The terms 

and conditions in the transfer, including those in paragraph (a) of this 

section, apply for a period equivalent to the estimated economic life of the 

property conveyed for a transfer of off-site surplus Federal real property.

 (2) In addition to the terms and conditions contained in paragraph (c) of 

this section, the Secretary may also require the transferee of off-site 

surplus Federal real property—

 (i) To post performance bonds;

 (ii) To post performance guarantee deposits; or

 (iii) To give such other assurances as may be required by the Secretary 

or the holding agency to ensure adequate site clearance.

 (d) Additional terms and conditions for leases. In addition to the terms 

and conditions contained in paragraph (a) of this section, the Secretary 

requires, for leases of surplus Federal real property, that all terms and 

conditions apply to the initial lease agreement, and any renewal periods, 

unless specifically excluded in writing by the Secretary.

 

 (Authority: 40 U.S.C. 484(k)(1))

 

 (Approved by the Office of Management and Budget under control 

number 1880-0524)

Sec. 12.13 When is use of the transferred surplus Federal real 

property by entities other than the transferee or lessee permissible?

 (a) By eligible entities. A transferee or lessee may permit the use of all 
34 CFR Part 12: Department of Education

E-50 December 1997

or a portion of the surplus Federal real property by another eligible entity 

as described in Sec. 12.5, only upon those terms and conditions the 

Secretary determines appropriate if—

 (1) The Secretary determines that the proposed use would not 

substantially limit the program and plan of use by the transferee or lessee 

and that the use will not unduly burden the Department;

 (2) The Secretary’s written consent is obtained by the transferee or 

lessee in advance; and

 (3) The Secretary approves the use instrument in advance and in 

writing.

 (b) By ineligible entities. A transferee or lessee may permit the use of a 

portion of the surplus Federal real property by an ineligible entity, one not 

described in Sec. 12.5, only upon those terms and conditions the Secretary 

determines appropriate if—

 (1) In accordance with paragraph (a) of this section, the Secretary 

makes the required determination and approves both the use and the use 

instrument;

 (2) The use is confined to a portion of the surplus Federal real property;

 (3) The use does not interfere with the approved program and plan of 

use for which the surplus Federal real property was conveyed; and

 (4) Any rental fees or other compensation for use are either remitted 

directly to the Secretary or are applied to purposes expressly approved in 

writing in advance by the Secretary.

 

 (Authority: 40 U.S.C. 484(k)(4))

Subpart D—Enforcement

Sec. 12.14 What are the sanctions for noncompliance with a term 

or condition of a transfer or lease of surplus Federal real property?

 (a) General sanctions for noncompliance. The Secretary imposes any or 

all of the following sanctions, as applicable, to all transfers or leases of 

surplus Federal real property:

 (1) If all or a portion of, or any interest in, the transferred or leased 

surplus Federal real property is not used or is sold, leased or subleased, 

encumbered, disposed of, or used for purposes other than those in the 

approved program and plan of use, without the prior written consent of the 

Secretary, the Secretary may require that—

 (i) All revenues and the reasonable value of other benefits received by 

the transferee or lessee directly or indirectly from that use, as determined 

by the Secretary, be held in trust by the transferee or lessee for the United 

States subject to the direction and control of the Secretary;

 (ii) Title or possession to the transferred or leased surplus Federal real 

property and the right to immediate possession revert to the United States;

 (iii) The surplus Federal real property be transferred or leased to 

another eligible entity as the Secretary directs;

 (iv) The transferee or lessee abrogate the conditions and restrictions in 

the transfer or lease instrument in accordance with the provisions of Sec. 

12.15;

 (v) The transferee or lessee place the surplus Federal real property into 

immediate use for an approved purpose and extend the period of 

restriction in the transfer or lease instrument for a term equivalent to the 

period during which the property was not fully and solely used for an 

approved use; or

 (vi) The transferee or lessee comply with any combination of the 

sanctions described in paragraph (a)(1) or (a)(3) of this section.

 (2) If title or possession reverts to the United States for noncompliance 

or is voluntarily reconveyed, the Secretary may require the transferee or 

lessee—

 (i) To reimburse the United States for the decrease in value of the 

transferred or leased surplus Federal real property not due to—

 (A) Reasonable wear and tear;

 (B) Acts of God; or

 (C) Reasonable alterations made by the transferee or lessee to adapt the 

surplus Federal real property to the approved program and plan of use for 

which it was transferred or leased;

 (ii) To reimburse the United States for any costs incurred in reverting 

title or possession;

 (iii) To forfeit any cash payments made by the transferee or lessee 

against the purchase or lease price of surplus Federal real property 

transferred;

 (iv) To take any other action directed by the Secretary; or

 (v) To comply with any combination of the provisions of paragraph 

(a)(3) of this section.

 (3) If the transferee or lessee does not put the surplus Federal real 

property into use within the applicable time limitation in Sec. 12.12(a), 

the Secretary may require the transferee or lessee to make cash payments 

to the Secretary equivalent to the current fair market rental value of the 

surplus Federal real property for each month during which the program 

and plan of use has not been implemented.

 

 (Authority: 40 U.S.C. 484(k)(4))

 

 (4) If the Secretary determines that a lessee of a transferee or a 

sublessee of a lessee is not complying with a term or condition of the 

lease, or if the lessee voluntarily surrenders the premises, the Secretary 

may require termination of the lease.

 

 (Authority: 40 U.S.C. 484(k)(4)(A))

 

 (b) Additional sanction for noncompliance with off-site transfer. In 

addition to the sanctions in paragraph (a) of this section, if the Secretary 

determines that a transferee is not complying with a term or condition of a 

transfer of off-site surplus Federal real property, the Secretary may require 

that the unearned PBA become immediately due and payable in cash to 

the United States.

 

 (Authority: 40 U.S.C. 484(k)(4)(A))

Subpart E—Abrogation

Sec. 12.15 What are the procedures for securing an abrogation of 

the conditions and restrictions contained in the conveyance 

instrument?

 (a) The Secretary may, in the Secretary’s sole discretion, abrogate the 

conditions and restrictions in the transfer or lease instrument if—

 (1) The transferee or lessee submits to the Secretary a written request 

that the Secretary abrogate the conditions and restrictions in the 

conveyance instrument as to all or any portion of the surplus Federal real 

property;

 (2) The Secretary determines that the proposed abrogation is in the best 

interests of the United States;

 (3) The Secretary determines the terms and conditions under which the 

Secretary will consent to the proposed abrogation; and

 (4) The Secretary transmits the abrogation to the Administrator and 

there is no disapproval by the Administrator within thirty (30) days after 

notice to the Administrator.

 (b) The Secretary abrogates the conditions and restrictions in the 

transfer or lease instrument upon a cash payment to the Secretary based 

on the formula contained in the transfer or lease instrument and any other 

terms and conditions the Secretary deems appropriate to protect the 

interest of the United States.

 

 (Authority: 40 U.S.C. 484(k)(4)(A)(iii))

Appendix A to Part 12.—Public Benefit Allowance for Transfer 

of Surplus Federal Real Property for Educational Purposes /1/

 

 Percent

 allowed

 Basic

 public

 Line benefit

Line No. No. Classification allowance

1. 1. Elementary or high schools 70

2. 2. Colleges or Universities 50

3. 3. Specialized schools 70

4. 4. Public libraries or educational museums /2/ 100

5. 5. School outdoor education 40

6. 6. Central administrative and/or service centers 80

7. 7. Non-profit educational research organizations 50
DoD Base Reuse Implementation Manual

December 1997 E-51

 [ ...Table continues... ]

 

 Organization allowances

 

 Inadequacy of

 existing

 school plant

 facilities

 

 Public

 Federal service 10- 26- 51-

Line No. Accreditation impact training Hardship 25% 50% 100%

 

1. 10 10 10 10 20 30

2. 20 10 10 10 20 30

3. 10 10 10 20 30

4.

5.

6.

7. 20 10

 

 [ ...Table continues... ]

 

 Utilization allowances

 

 Maximum

 Introduction Student public

 of new health benefit

 instructional and Service to allowance

Line No. programs welfare Research handicapped /4/

 

1. 10 10 10 10 100

2. 10 10 10 10 100

3. 10 10 10 10 100

4. /2/ 100

5. 10 /3/ 10 10 70

6. 80

7. 10 10 10 100

 

[** This header applies to all remaining columns in this segment and 

extends to the next segment.]

 

/1/ This Appendix applies to transfers of both on-site and off-site surplus 

property.

 

/2/ Applicable when this is the primary use to be made of the property. 

The public benefit allowance for the overall program is applicable when 

such facilities are conveyed as a minor component of other facilities.

 

/3/ This 10% may include an approvable recreation program which will 

be accessible to the public and entirely compatible with, but subordinate 

to, the educational program.

 

/4/ This column establishes the maximum discount from the fair market 

value for payment due from the transferee at the time of the transfer. This 

column does not apply for purposes of ranking applicants to determine to 

which applicant the property will be transferred. Competitive rankings are 

based on the absolute total of public benefit allowance points and are not 

limited to the 100% ceiling.

 

 Description of Terms Used in This Appendix

 

 “Elementary or High School” means an elementary school (including a 

kindergarten), high school, junior high school, junior-senior high school 

or elementary or secondary school system, that provides elementary or 

secondary education as determined under State law. However, it does not 

include a nursery school even though it may operate as part of a school 

system.

 “College or University” means a non-profit or public university or 

college, including a junior college, that provides postsecondary education.

 “Specialized School” means a vocational school, area trade school, 

school for the blind, or similar school.

 “Public Library” means a public library or public library service 

system, not a school library or library operated by non-profit, private 

organizations or institutions that may be open to the general public. 

School libraries receive the public benefit allowance in the appropriate 

school classification.

 “Educational Museum” means a museum that conducts courses on a 

continuing, not ad hoc, basis for students who receive credits from 

accredited postsecondary education institutions or school systems.

 “School Outdoor Education” means a separate facility for outdoor 

education as distinguished from components of a basic school. 

Components of a school such as playgrounds and athletic fields receive 

the basic allowance applicable for that type of school. The outdoor 

education must be located reasonably near the school system and may be 

open to and used by the general public, but only if the educational 

program for which the property is conveyed is given priority of use. This 

category does not include components of the school such as playgrounds 

and athletic fields, that are utilized during the normal school year, and are 

available to all students.

 “Central Administrative and/or Service Center” means administrative 

office space, equipment storage areas, and similar facilities.

 

 Description of Allowances

 

 “Basic Public Benefit Allowance” means an allowance that is earned 

by an applicant that satisfies the requirements of Sec. 12.10 of this part.

 Organization Allowance

 

 “Accreditation” means an allowance that is earned by any 

postsecondary educational institution, including a vocational or trade 

school, that is accredited by an accrediting agency recognized by the 

Secretary under 34 CFR part 602.

 “Federal Impact” means an allowance that is earned by any local 

educational agency (LEA) qualifying for Federal financial assistance as 

the result of the impact of certain Federal activities upon a community, 

such as the following under Public Law 81-874 and Public Law 81-815: 

to any LEA charged by law with responsibility for education of children 

who reside on, or whose parents are employed on, Federal property, or 

both; to any LEA to which the Federal Government has caused a 

substantial and continuing financial burden as the result of the acquisition 

of a certain amount of Federal property since 1938; or to any LEA that 

urgently needs minimum school facilities due to a substantial increase in 

school membership as the result of new or increased Federal activities.

 “Public Services Training” means an allowance that is earned if the 

applicant has cadet or ROTC units or other personnel training contracts 

for the Federal or State governments. This is given to a school system only 

if the particular school receiving the property furnishes that training.

 “Hardship” means an allowance earned by an applicant that has 

suffered a significant facility loss because of fire, storm, flood, other 

disaster, or condemnation. This allowance is also earned if unusual 

conditions exist such as isolation or economic factors that require special 

consideration.

 “Inadequacies of Existing Facilities” means an allowance that is earned 

on a percentage basis depending on the degree of inadequacy considering 

both public and nonpublic facilities. Overall plant requirements are 

determined based on the relationship between the maximum enrollment 

accommodated in the present facilities, excluding double and night 

sessions and the anticipated enrollment if the facilities are transferred. 

Inadequacies may be computed for a component school unit such as a 

school farm, athletic field, facility for home economics, round-out school 

site, cafeteria, auditorium, teacherages, faculty housing, etc., only if the 

component is required to meet State standards. In that event, the State 

Department of Education will be required to provide a certification of the 

need. Component school unit inadequacies may only be related to a 

particular school and not to the entire school system.

 

 Utilization Allowances

 

 “Introduction of New Instructional Programs” means an allowance that 

is earned if the proposed use of the property indicates that new programs 

will be added at a particular school. Examples of these new programs 

include those for vocational education, physical education, libraries, and 

similar programs.

 “Student Health and Welfare” means an allowance that is earned if the 

proposed program and plan of use of the property provides for cafeteria, 

clinic, infirmary, bus loading shelters, or other uses providing for the wellbeing and health of students and eliminating safety and health hazards.

 “Research” means an allowance that is earned if the proposed use of the 

property will be predominantly for research by faculty or graduate 

students under school auspices, or other primary educational research.

 “Service to Handicapped” means an allowance that is earned if the 

proposed program and plan of use for the property will be for special 

education for the physically or mentally handicapped.
34 CFR Part 12: Department of Education

E-52 December 1997
December 1997 E-53

400 Departmental Manual

Department of the Interior

PART 114-47—UTILIZATION AND DISPOSAL OF REAL 

PROPERTY

Sec. 114-47.000 Scope of part.

Sec. 114-47.103 Definitions.

Sec. 114-47.103-50 Available real property.

Sec. 114-47.103-51 Excess real property.

Sec. 114-47.103-52 Surplus real property.

Sec. 114-47.201 General provisions of subpart.

Sec. 114-47.201-1 Policy.

Sec. 114-47.201-2 Guidelines.

Sec. 114-47.201-3 Lands withdrawn or reserved from the public domain.

Sec. 114-47.202 Reporting of excess real property.

Sec. 114-47.202-1 Reporting requirements.

Sec. 114-47.202-4 Exceptions to reporting.

Sec. 114-47.202-6 Reports involving the public domain.

Sec. 114-47.202-10 Examination for acceptability.

Sec. 114-47.203 Utilization.

Sec. 114-47.203-1 Reassignment of real property by the agencies.

Sec. 114-47.203-2 Transfer and utilization.

Sec. 114-47.203-3 Notification of agency requirements.

Sec. 114-47.203-7 Transfers.

Sec. 114-47.203-8 Temporary utilization.

Sec. 114-47.204 Determination of surplus.

Sec. 114-47.204-2 Property excepted from reporting.

Sec. 114-47.301 General provisions of subpart.

Sec. 114-47.301-3 Disposals under other laws.

Sec. 114-47.301-5 Records and reports.

Sec. 114-47.302 Designation of disposal agencies.

Sec. 114-47.302-2 Holding agency.

Sec. 114-47.304 Advertised and negotiated disposals.

Sec. 114-47.304-8 Report of identical bids.

Sec. 114-47.304-12 Explanatory statements.

Sec. 114-47.304-50 Sales to Government employees.

Sec. 114-47.304-51 Noncollusive bids and proposals.

Sec. 114-47.304-52 Compliance review.

Sec. 114-47.308 Special disposal provisions.

Sec. 114-47.308-3 Property for historic monument sites.

Sec. 114-47.308-7 Property for use as public park or recreation areas.

Sec. 114-47.401 General provisions of subpart.

Sec. 114-47.401-6 Interim use and occupancy.

Sec. 114-47.501 General provisions of subpart.

Sec. 114-47.501-4 Findings.

Sec. 114-47.503 Abandonment and destruction.

Sec. 114-47.503-1 General.

Sec. 114-47.503-3 Abandonment or destruction without notice.

Sec. 114-47.603 Delegation to the Department of the Interior.

Sec. 114-47.800 Scope of subpart.

Sec. 114-47.802 Procedures.

Sec. 114-47.802-50 Disposal criteria.

Sec. 114-47.802-51 Funds and statutory authority.

Sec. 114-47.802-52 Bureau implementation.

Sec. 114-47.802-53 Intrabureau records.

Sec. 114-47.802-54 Annual report to the Department.

Sec. 114-47.5101 Scope of subpart.

Sec. 114-47.5102 Applicability.

Sec. 114-47.5103 Definition of permit.

Sec. 114-47.5104 Authority.

Sec. 114-47.5105 Limitations.

Sec. 114-47.000 Scope of part.

 The provisions of this part are applicable to all available, excess, and 

surplus real property and related personal property under the jurisdiction 

of Bureaus and Offices of the Department of the Interior in the United 

States, the District of Columbia, the Commonwealth of Puerto Rico, the 

Virgin Islands, Guam, American Samoa, and the Trust Territory of the 

Pacific Islands.

 

 [40 FR 33217, Aug. 8, 1975]

Sec. 114-47.103 Definitions.

Sec. 114-47.103-50 Available real property.

 Available real property is property which is no longer needed for the 

program activities of the Interior Bureau or Office having control thereof 

and which properly may be determined to be excess if no further need 

exists for such property within the Department of the Interior.

Sec. 114-47.103-51 Excess real property.

 Excess real property is real property not required for the program 

activities of the Federal agency (see FPMR 101-43.104-7) having 

jurisdiction over the property. With respect to real property under the 

control of an Interior Bureau or Office, excess real property is that which 

is not required for the program activities of any Bureau or Office of the 

Department of the Interior, as determined by circularization (see IPMR 

114-47.203).

Sec. 114-47.103-52 Surplus real property.

 Surplus real property is any excess real property not required for the 

needs and responsibilities of any agency of the Federal Government.

Sec. 114-47.201 General provisions of subpart.

Sec. 114-47.201-1 Policy.

 It is the policy of the Department of the Interior to:

 (a) Survey all of its real property holdings at least once each year to 

determine that which is available for reassignment within the Department 

and that which is excess to its program needs.

 (b) Achieve the maximum utilization by Interior Bureaus and Offices, 

in terms of economy and efficiency, of available real property in order to 

minimize expenditures for the purchase of real property.

 (c) Provide for the reassignment of available real property among 

Interior Bureaus and Offices and facilitate the transfer of excess real 

property to other Federal agencies.

Sec. 114-47.201-2 Guidelines.

 (a) Each Interior Bureau and Office having jurisdiction over real 

property shall:

 (1) Survey all of its real property holdings at least once each year to 

determine which holdings, or portions thereof, are no longer needed in 

Interior programs or are uneconomically utilized. (See IPMR 114-47.8.)

 (2) Promptly facilitate the transfer of real property which becomes 

available as a result of program completions, changes, curtailments, etc.

 (3) Except as provided in IPMR 114-47.202-4 and 114-47.202-6, 
400 Departmental Manual Department of the Interior

E-54 December 1997

promptly report to the General Services Administration real property 

which has been determined to be excess to the Department’s needs. (See 

IPMR 114-47.203-1.)

 (4) Maintain its inventory of real property at the absolute minimum 

consistent with the economical and efficient conduct of assigned 

programs.

 (b) Each Interior Bureau and Office shall, so far as is practicable and to 

the extent compatible with its program requirements, fulfill its needs for 

real property by utilization of available property offered by other Interior 

Bureaus and Offices and excess property held by other Federal agencies.

 (c) Guidelines for notifying the General Services Administration of 

requirements for real property are set forth in IPMR 114-47.203-3.

 

 [35 FR 295, Jan. 8, 1970, as amended at 36 FR 24004, Dec. 17, 1971]

Sec. 114-47.201-3 Lands withdrawn or reserved from the public 

domain.

 (a) Withdrawn or reserved public domain lands, improved or 

unimproved, no longer needed by the holding Bureau or Office should be 

reported to the appropriate office of the Bureau of Land Management as 

provided in 43 CFR 2370.0-1 through 2374.2. If the Bureau of Land 

Management with the concurrence of the General Services 

Administration, determines that the property is not suitable for return to 

the public domain or disposable under the public land laws, then the 

circularization requirements of IPMR 114- 47.203-1 and the reporting 

requirements of FPMR 101-47.202 will thereafter apply to such property.

 (b) Improvements located on public domain land but being disposed of 

apart from such land are not reportable to the Bureau of Land 

Management.

 

 [35 FR 295, Jan. 8, 1970, as amended at 38 FR 9081, Apr. 10, 1973]

Sec. 114-47.202 Reporting of excess real property.

Sec. 114-47.202-1 Reporting requirements.

 (a) The authority to report such property as is no longer needed within 

the Department as excess to the General Services Administration has been 

delegated to the heads of Bureaus and Offices in 205 DM 10.

 (b) Any request made by the Administrator of General Services for an 

office of this Department to institute specific surveys in accordance with 

this subsection must have the advance approval of the Assistant 

Secretary—Policy, Budget and Administration.

 

 [35 FR 295, Jan. 8, 1970, as amended at 36 FR 17038, Aug. 27, 1971; 

38 FR 9081, Apr. 10, 1973]

Sec. 114-47.202-4 Exceptions to reporting.

 FPMR 101-47.603 delegates authority to the Secretary of the Interior 

to determine real property having an estimated fair market value of less 

than $1,000 to be surplus to the needs of all Federal agencies and 

thereafter to dispose of such property. This authority has been redelegated 

to the heads of Bureaus and Offices in 205 DM 10. The delegation 

includes a provision excepting such property from the reporting 

requirements of FPMR 101-47.202-1. Therefore, excess real property 

(including land, with or without improvements) having an estimated fair 

market value of less than $1,000 is also excepted from reporting to the 

General Services Administration.

Sec. 114-47.202-6 Reports involving the public domain.

 (a) The procedures set forth in this section (see also IPMR 114-47.201-

3) shall be complied with before any withdrawn public domain land is 

declared to the General Services Administration as excess to Interior 

needs.

 (b) Excess withdrawn public domain land, with or without 

improvements, having an estimated fair market value of less than $1,000 

is excepted from reporting to the General Services Administration as 

provided in IPMR 114- 47.202-4. The provisions of this section must be 

complied with before any such land is determined by the holding Bureau 

or Office to be excess or surplus.

Sec. 114-47.202-10 Examination for acceptability.

 Care must be taken to insure that complete and accurate excess reports, 

S.F. 118, are furnished the General Services Administration as the 

holding bureau must bear the expense of care and maintenance of the 

property for a period of 12 months plus the period to the first day of the 

succeeding quarter of the fiscal year after the date of receipt by GSA of an 

acceptable excess report.

Sec. 114-47.203 Utilization.

Sec. 114-47.203-1 Reassignment of real property by the agencies.

 Available real property shall be screened against Department of the 

Interior needs in accordance with this Sec. 114-47.203 before it is 

determined to be excess. The authority to reassign or to transfer available 

real property and related personal property has been delegated to heads of 

Bureaus and Offices in 205 DM 10.

 (a) Holding bureau utilization. Each Bureau and Office holding 

available real property (see definition in IPMR 114-47.103-50) shall 

insure that its own offices are afforded an opportunity to utilize such 

property either prior to or simultaneously with circularization of other 

Bureaus and Offices of the Department.

 (b) Circularization of real property under $1,000 in value. Routine 

written circularization of available real property having an estimated fair 

market value of less than $1,000 should be avoided. Real property in this 

category shall be offered to those Interior and other Federal agency offices 

which the holding office believes might be interested in its acquisition, 

considering the nature and location of the property.

 (c) Circularization of real property $1,000 and over. Available real 

property having an estimated fair market value of $1,000 or over shall be 

offered to bureaus and offices of the Department of the Interior as 

provided in IPMR Temporary Regulation No. 6 before it is determined to 

be excess: Provided, That where the head of the regional, area or State 

office responsible for the property determines that its nature or location 

virtually precludes further Departmental utilization, and such 

determination is made a part of the disposal record, then the property shall 

be subject to such circularization as he may direct. (See also IPMR 114-

47.203-1(f).)

 (d) Circularization of power transmission facilities. The approval of the 

appropriate program Assistant Secretary shall be obtained prior to 

circularization of any available power transmission line or related facility 

having an estimated fair market value of $1,000 or more.

 (1) In the case of planned disposal of facilities held by the Bonneville 

Power Administration, Alaska Power Administration, and the 

Southwestern Power Administration such approval shall be obtained from 

the Assistant Secretary—Energy and Minerals.

 (2) In the case of planned disposal of facilities held by the Bureau of 

Reclamation, approval of the Assistant Secretary—Land and Water 

Resources shall be obtained.

 (3) Requests for approval to initiate action to dispose of power 

transmission facilities shall be accompanied by a complete description of 

the circumstances which the holding Bureau believes makes such disposal 

feasible. A copy of each request shall be furnished the Chief, Division of 

Property Management, Office of Administrative Management Policy.

 (e) Reimbursement. Transfers of available real property within the 

Department of the Interior shall be made without exchange of funds, 

except:

 (1) The disposing bureau may elect to receive reimbursement, to the 

extent that it would receive reimbursement under FPMR 101-47.203-7 if 

the property were excess, where the property being transferred is 

reimbursable by law, unless such requirement for reimbursement can be 

satisfied or equitably avoided through appropriate accounting procedures.

 (2) The receiving bureau shall make reimbursement, determined as 

though the property were excess in accordance with FPMR 101-47.203-7, 

in all instances where the property being acquired will be carried in 

accounts disposals from which are reimbursable.

 (f) Determination of real property as excess. Real property not 

transferred as a result of the circularization prescribed in this Sec. 114-

47.203-1 shall be determined to be excess to the needs of the Department 
DoD Base Reuse Implementation Manual

December 1997 E-55

of the Interior. The excess determination shall be evidenced in writing and 

made a part of the disposal file. If reportable in accordance with FPMR 

101-47.202, it shall be promptly declared to the General Services 

Administration. If not reportable under such regulations or IPMR 114-

47.202-4, it shall be determined to be surplus promptly in accordance 

with the provisions of FPMR 101-47.2.

 

 [35 FR 295, Jan. 8, 1970, as amended at 38 FR 9081, Apr. 10, 1973; 

40 FR 12080, Mar. 17, 1975; 40 FR 21954, May 20, 1975]

Sec. 114-47.203-2 Transfer and utilization.

 The authority to transfer excess real property to other Federal agencies 

and to obtain excess real property from other agencies has been delegated 

to the heads of Bureaus and Offices in 205 DM 10. Transfers to and from 

other agencies shall be made in accordance with the provisions of FPMR 

101-47.2.

Sec. 114-47.203-3 Notification of agency requirements.

 Because of the nature of the conservation programs carried on by this 

Department most of its requirements for real property, particularly land, 

are dictated by such factors as geographical location, topography, 

engineering and similar characteristics which limit the extent to which 

excess real property can be utilized. For example, requirements for land 

for use as a refuge, park, or a dam site are generally for specific land, and 

land already in Government ownership or control can be utilized for these 

purposes only when its location and other characteristics coincide with the 

program need. Therefore, the appropriate GSA regional office shall be 

notified of requirements for real property only when:

 (a) Specific property is not required, or

 (b) Specific property is required and such property is held in the GSA 

excess inventory or is held by another Federal agency outside the 

Department of the Interior.

 

 Note: The provisions of this Sec. 114-47.203-3 do not apply to 

acquisition by lease of interests in real property as covered in FPMR 101-

18.1.

Sec. 114-47.203-7 Transfers.

 (a) One copy of GSA Form 1334, Request for Transfer of Excess Real 

Property and Related Personal Property, shall be furnished the Director, 

Office of Administration and Management Policy (PM), Office of the 

Assistant Secretary—Policy, Budget and Administration, when:

 (1) The request seeks to acquire excess real property without 

reimbursement regardless of the appraised fair market value of the 

property, or

 (2) The request for transfer involves excess real property having a total 

appraised fair market value of $100,000 or more.

 (b) Except as provided in IPMR 114-47.203-7(e), transfers of excess 

real property to Federal agencies outside of the Department of the Interior 

must have the prior approval of the General Services Administration. 

Bureaus and offices holding excess real property which is subject to this 

prior approval shall refrain from making commitments to other Federal 

agencies regarding transfer of such property. Any inquiries received from 

potential transferees shall be referred to the appropriate GSA regional 

office for determination.

 (c)-(d) [Reserved]

 (e) FPMR 101-47.203-7(e) provides that certain categories of excess 

real property may be transferred by the holding agency without reference 

to GSA. In addition to the categories listed, Bureaus and offices of this 

Department may transfer, without reference to GSA, any excess real 

property having an estimated fair market value of less than $1,000 in 

accordance with the authority delegated in 205 DM 10.3A(6).

 (f) Whenever a Bureau or office seeks to acquire excess real property 

without reimbursement, the certification required by FPMR 101-47.203-

7(f)(2)(iii) shall be signed by an official not below the Chief 

Administrative Officer of the Bureau. Similarly, whenever Block 9 of 

GSA Form 1334 is checked to indicate that funds are not available for 

reimbursement for the transfer of the property, the certification in Block 

10 of such form shall be signed by an official not below the Chief 

Administrative Officer of the Bureau.

 

 [36 FR 24004, Dec. 17, 1971, as amended at 39 FR 12989, Apr. 10, 

1974; 40 FR 5527, Feb. 6, 1975]

Sec. 114-47.203-8 Temporary utilization.

 Interior regulations governing the temporary use, by another Federal 

agency, of real property determined to be excess to Department of the 

Interior needs are contained in IPMR 114-47.51.

Sec. 114-47.204 Determination of surplus.

Sec. 114-47.204-2 Property excepted from reporting.

 Excess property having an estimated fair market value of less than 

$1,000, and not designated for utilization by another Federal agency, is 

subject to determination as surplus by the holding Bureau or Office in 

addition to the nonreportable properties listed in FPMR 101-47.202-4.

Sec. 114-47.301 General provisions of subpart.

Sec. 114-47.301-3 Disposals under other laws.

 Numerous special statutes are on the books which authorize the 

Secretary to dispose of real property no longer needed for program 

purposes by the holding Bureau or Office. Many of these laws predate the 

Federal Property and Administrative Services Act of 1949, as amended. 

Where such special law provides that disposal will be made to the general 

public, as opposed to a specific named individual, firm, or organization, 

disposal shall be subject to the utilization and disposal provisions of 

IPMR 114-47.

Sec. 114-47.301-5 Records and reports.

 A Report of Surplus Real Property Disposals and Inventory, GSA Form 

1100, shall be prepared annually on a fiscal year basis by each Bureau 

and Office holding real property. The report shall be prepared and 

submitted in accordance with FPMR 101-47.4903 and the following 

supplemental instructions:

 (a) Preparation. (1) The report should include only surplus real 

property inventory and disposals which are being transacted by Interior 

Bureaus and Offices pursuant to disposal authorities delegated to the 

Department in FPMR 101-47.302-2, 101-47.603, and any special onetime disposal authority which may be delegated by the General Services 

Administration.

 (2) Transfers of available real property between Interior Bureaus and 

transfers of excess real property to other Federal agencies outside Interior 

should not be reported on GSA Form 1100. However, in the event real 

property is withdrawn from the surplus inventory for further Federal 

agency utilization, the transaction should be reported on Line 13 of the 

form.

 (3) Note that disposal transactions, as well as inventory data, are to be 

reported on the basis of “locations”—not number of transactions, parcels 

of land, buildings, etc.

 (b) Submission and due date. GSA Form 1100 shall be submitted in 

original only, to the Director, Office of Acquisition and Property 

Management by not later than the 25th of July of each year. Negative 

reports are required and may be submitted in the form of a memorandum 

in lieu of GSA Form 1100.

 

 [37 FR 5250, Mar. 11, 1972, as amended at 40 FR 5527, Feb. 6, 1975]

Sec. 114-47.302 Designation of disposal agencies.

Sec. 114-47.302-2 Holding agency.

 The disposal authority conferred in the Secretary by this subsection has 

been delegated to heads of Bureaus and Offices in 205 DM 10.

Sec. 114-47.304 Advertised and negotiated disposals.

Sec. 114-47.304-8 Report of identical bids.

 (a) The reporting requirements specified in FPMR 114-47.304-8 are 
400 Departmental Manual Department of the Interior

E-56 December 1997

applicable to all sales of Government-owned property made on a 

competitive basis whether competition is obtained through sealed bid, 

negotiation, auction, or spot bid procedures. They apply to:

 (1) Program sales made pursuant to special statutes authorizing the 

Secretary of the Interior to sell specific real properties, and

 (2) Sales of surplus real property made pursuant to the provisions of the 

Federal Property and Administrative Services Act of 1949, as amended.

 (b) Reports on identical bids required by this subsection shall be 

submitted by the heads of Bureaus and Offices directly to the Attorney 

General in accord with FPMR 101-47.304-8. A copy of the transmittal 

letter and a copy of the abstract of bids shall be furnished to the Chief, 

Division of Property Management, Office of Acquisition and Property 

Management.

 

 [40 FR 21954, May 20, 1975]

Sec. 114-47.304-12 Explanatory statements.

 (a) Explanatory statements required to be submitted to the General 

Services Administration for transmittal to the committees of the Senate 

and House of Representatives pursuant to FPMR 101-47.304-12 shall be 

prepared following the outline shown in FPMR 101-47.4911. Such 

statements shall be submitted as attachments to a transmittal letter 

addressed to the Administrator, General Services Administration, 

Washington, D.C. 20405, prepared for the signature of the Assistant 

Secretary—Policy, Budget and Administration.

 (b) The background and justification portion of this submission shall be 

a narrative statement fully showing that the property is in fact surplus 

(e.g., the goods and services produced by the property are no longer 

needed), and a complete justification both for the decision to sell at all, 

and to sell by negotiation rather than advertising.

 (c) Twenty-two (22) mimeographed copies of such notices shall be 

submitted to the Assistant Secretary—Policy, Budget and Administration, 

twenty (20) of which are for submission to the General Services 

Administration and transmittal to the appropriate committees of the 

Congress. The letter transmitting each such notice to the Assistant 

Secretary—Policy, Budget and Administration, shall include any 

additional supporting data as may not be incorporated in the “background 

and justification” portion of the explanatory statement.

 

 [35 FR 298, Jan. 8, 1970, as amended at 36 FR 17038, Aug. 27, 1971; 

38 FR 8159, Mar. 29, 1973]

Sec. 114-47.304-50 Sales to Government employees.

 In instances where this Department acts as disposal agency, surplus real 

property may be disposed of by sale, lease, or otherwise to Federal 

employees or their spouses only where all of the following conditions are 

met:

 (a) The invitation for bids states the extent to which Federal employees 

are eligible to bid and requires Federal employees to identify themselves, 

their organization, and position, with similar information from spouses.

 (b) Notice is given that no awards will be made to Federal employees or 

their spouses who might reasonably be expected to have information with 

regard to the property or its uses which is not readily available to 

members of the public, or who participated in the decision to dispose of 

the property, or in the sale itself.

 (c) The sale is conducted under publically advertised, sealed bid 

procedures.

 

 Note: Disposals under this paragraph apply only to actions taken 

pursuant to the Federal Property and Administrative Services Act of 

1949, as amended. For disposals of public lands to employees of the 

Department, see 43 CFR Part 7.

Sec. 114-47.304-51 Noncollusive bids and proposals.

 (a) Certificate of independent price determination: A certificate of 

independent price determination shall be required with each bid or offer 

for the purchase of real property, except where the price is fixed in 

advance of sale pursuant to law or regulation.

 (1) The certificate of independent price determination clause contained 

in Condition No. 20 of the General Sale Terms and Conditions, Standard 

Form 114C, shall be included in all invitations for bids and requests for 

quotations on Government sales of real property and shall be submitted 

with sealed bids and written quotations submitted in response thereto.

 (2) Auction and spot bid sales: Bureaus and Offices conducting sales of 

Government property by the auction or spot bid methods shall include an 

appropriate provision in the sales notice which will put the successful 

bidder on notice that he will be required, as a condition of award, to sign a 

certificate to the effect that “the bid was arrived at by the bidder or offeror 

independently, and was tendered without collusion with any other bidder 

or offeror.”

 (3) The requirement for a certificate of independent price determination 

applies to sales of surplus real property and to program sales made 

pursuant to special statutes as referred to in IPMR 114-47.304-8(a).

 (b) The authority to make the determination described in paragraph (d) 

of Condition No. 20 of the General Sale Terms and Conditions, Standard 

Form 114C, is vested in the head of Bureaus and Offices and may not be 

redelegated.

 (c) Reporting suspected antitrust violations: Whenever any Bureau or 

Office has factual information leading it to believe or suspect that bids 

received in response to a sales offering evidence of collusion on the part of 

two or more bidders designed to eliminate competition, full particulars 

shall be submitted to the Solicitor for consideration and possible referral 

to the Attorney General. This submission should include a summary of 

the pertinent facts concerning the reported case and, in the case of a 

formally advertised sale, a copy of the Invitation for Bids, the Abstract of 

Bids, and the bid of bidder(s) suspected of irregular practices; the name of 

the successful bidder and reason why the award was made to him; and any 

other information available which might tend to establish possible 

violation of the antitrust laws. Reports required by this paragraph are in 

addition to and not in lieu of the identical bid reports required by IPMR 

114-47.304-8.

 (1) Reporting procedure: Reports of suspected antitrust violations 

should be transmitted to the Solicitor in the following format:

 

Assistant Attorney General,

Antitrust Division,

Department of Justice,

Washington, D.C. 20530.

 

 Dear Sir: We transmit to you a case where bids received in response to 

Invitation No. ——— for (item(s) description), to be sold (sale date), 

were opened by (selling bureau or office and location) on —————, 

19—. Evidence of collusion or other conduct in violation of antitrust laws 

is herewith reported as follows:

 Award was made to————————————. (In the next sentence 

explain the method by which the successful bidder was selected, i.e., high 

bidder, etc., unless all bids were rejected and the sale effected by 

readvertisement or negotiation, in which case, furnish details.)

 Sincerely yours,

 Solicitor.

 Enclosure:

 

 (2) The following copies are required:

 (i) Original on “Office of the Solicitor” stationery

 (ii) Shadow copy to accompany the original on letterhead tissue

 (iii) White surname box copy on letterhead tissue

 (iv) White letterhead tissue copy to be marked “Docket Copy”

 (v) White letterhead tissue copy to be marked “Director, Office of 

Acquisition and Property Management.”

 (vi) Other information copies as may be required by the Bureau or 

Office.

 

 [35 FR 298, Jan. 8, 1970, as amended at 36 FR 221, Jan. 7, 1971; 40 

FR 5527, Feb. 6, 1975]

Sec. 114-47.304-52 Compliance review.

 The head of each Bureau and Office engaged in programs which 

involve the conduct of sales of Government property in the categories 
DoD Base Reuse Implementation Manual

December 1997 E-57

referred to in IPMR 114-47.304-8(a) shall install an appropriate 

monitoring system at the headquarters office level to ensure compliance 

with the provisions of IPMR 114-47.304-8 and 114-47.304-51. The 

monitoring system installed by each Bureau and Office will be subject to

review by the Department’s internal audit staff to determine its adequacy 

and effectiveness.

 

 [36 FR 221, Jan. 7, 1971]

Sec. 114-47.308 Special disposal provisions.

 

 [35 FR 10434, June 26, 1970]

Sec. 114-47.308-3 Property for historic monument sites.

 The Director, Bureau of Outdoor Recreation, shall make all 

determinations and perform all other functions assigned to the Secretary in 

FPMR 101-47.308- 3. The authority to exercise the authority conferred in 

the Secretary by FPMR 101-47.308-3 has been delegated to the Director, 

Bureau of Outdoor Recreation in 248 DM 1.

 [36 FR 14741, Aug. 11, 1971]

Sec. 114-47.308-7 Property for use as public park or recreation 

areas.

 The Director, Bureau of Outdoor Recreation, shall make all 

determinations and perform all other functions assigned to the Secretary in 

FPMR 101-308-7. The authority to exercise the authority conferred in the 

Secretary by FPMR 101-47.308-7 has been delegated to the Director, 

Bureau of Outdoor Recreation in 248 DM 1.

 

 [36 FR 14741, Aug. 11, 1971]

Sec. 114-47.401 General provisions of subpart.

 

 [35 FR 299, Jan. 8, 1970]

Sec. 114-47.401-6 Interim use and occupancy.

 Interior regulations governing the temporary use, by another Federal 

agency, of surplus real property are contained in IPMR 114-47.51.

 

 [35 FR 299, Jan. 8, 1970]

Sec. 114-47.501 General provisions of subpart.

Sec. 114-47.501-4 Findings.

 (a) The findings specified in this subsection shall be documented in the 

form of an approved Report of Survey.

 (b) For purposes of FPMR 101-47.501-4(b), a reviewing authority 

shall be the same as specified in IPMR 114-44.501-2.

Sec. 114-47.503 Abandonment and destruction.

Sec. 114-47.503-1 General.

 The findings specified in FPMR 101-47.503-1 shall be made by an 

official not below a regional, area, or State Director.

Sec. 114-47.503-3 Abandonment or destruction without notice.

 Findings justifying abandonment or destruction of real property without 

public notice shall be documented in the form of a Report of Survey 

approved by an appropriate reviewing authority. (See IPMR 114-44.501-

2.)

Sec. 114-47.603 Delegation to the Department of the Interior.

 (a) The authority conferred in the Secretary by FPMR 101-47.603 has 

been delegated to the heads of Bureaus and Offices in 205 DM 10.

 (b) Available real property having an estimated fair market value of 

less than $1,000 shall be screened in accordance with the provisions of 

IPMR 114- 47.203-1(b) before a determination of excess or surplus is 

made.

 

 [37 FR 20543, Sept. 30, 1972]

Sec. 114-47.800 Scope of subpart.

 This subpart prescribes basic policies and procedures for periodic 

review of real property in the custody of Bureaus and Offices of the 

Department to identify that which is unneeded, is underutilized, or is not 

being put to its optimum use. It implements Bureau of the Budget 

Circular No. A-2, revised, dated August 30, 1971, and FPMR 101-47.8.

 (a) The provisions of this subpart are applicable to the following 

Federal real property holdings in custody of this Department, wherever 

located:

 (1) Land acquired by purchase, condemnation, donation, lease, or other 

methods, except lands exempted as provided in IPMR 114-47.800(b);

 (2) Withdrawn public domain land, except that used for National Park, 

National Forest, or wildlife refuge purposes. Refer also to 603 DM 1 

which establishes Departmental policy relating to the review and 

restoration, in whole or in part, of withdrawn land no longer used or 

required for the programs for which withdrawn; and

 (3) Buildings, and other structures and facilities acquired by purchase 

condemnation, construction, donation, lease, or other methods, including 

Government-owned buildings, structures, and facilities located on:

 (i) Withdrawn public domain land;

 (ii) Lands exempted from the provisions of this subpart by IPMR 114-

47.800(b); or

 (iii) Other than Government-owned land.

 (b) This subpart does not apply to the following properties:

 (1) Unreserved public domain land administered by the Bureau of Land 

Management;

 (2) Rights-of-way or easements granted to the Government;

 (3) Indian tribal and trust properties;

 (4) Oregon and California revested lands (43 U.S.C. 1181a);

 (5) Reconveyed Coos Bay Wagon Road Land Grant lands (43 U.S.C. 

1181a);

 (6) Land administered by the National Park Service, other than 

administrative sites outside of the established boundaries of a national 

park;

 (7) Land on Indian reservations within consolidation areas approved by 

the Secretary of the Interior;

 (8) Land within the National Wildlife Refuge System;

 (9) Bankhead-Jones lands administered under a land conservation and 

utilization program in accordance with the Taylor Grazing Act of 1934 

(48 Stat. 1269);

 (10) Land reserved or dedicated for national forest purposes; and

 (11) Real property which is to be sold or otherwise disposed of and 

which was acquired through foreclosure, confiscation, or seizure in 

settlement of a claim of the Federal Government, or through conveyance 

to the Federal Government in connection with an indemnity or loan 

insurance or guarantee program.

Sec. 114-47.802 Procedures.

 (a) Annual review by Bureaus and Offices. Each Bureau and Office 

having jurisdiction over real property in the categories referred to in 

IPMR 114- 47.800(a) shall conduct a systematic annual review of all 

such property to identify that which is unneeded, is underutilized, or is not 

being put to its optimum use. Every effort shall be made to effect partial

disposals of real property whenever circumstances will permit economic 

separate disposal of the unneeded portion.

 (1) In conducting the annual review, Bureaus and Offices shall be 

guided by the standards and guidelines set forth in FPMR 101-47.801, in 

addition to the disposal criteria prescribed in IPMR 114-47.802-50.

 (2) In addition to the written record of the review of each individual 

installation required by FPMR 101-47.802(a)(2), a written descriptive 

listing of all properties identified as unneeded, underutilized, or not being 

put to optimum use shall be maintained as provided in IPMR 114-47.802-

53(b).

 (3) The head of each Bureau or Office or his designee is authorized to 

make the determination contemplated by FPMR 101-47.802(a)(3)(i)(B).

 (i) The requirement found in FPMR 101-47.802(a)(3)(i)(B) for 
400 Departmental Manual Department of the Interior

E-58 December 1997

obtaining the approval of the appropriate GSA regional office before 

issuing permits or out-leases authorizing others to use temporarily 

unutilized property does not apply to:

 (a) Permits or leases involving real property which is not subject to the 

provisions of Office of Management and Budget Circular No. A-2 or this 

Subpart 114-47.8. (See IPMR 114-47.800(b)), or

 (b) Permits authorizing other Interior Bureaus or Offices to use 

property temporarily not being used by the holding Bureau.

 (ii) Where a Bureau or Office administers large numbers of program 

leases such as agricultural leases, or grazing leases or permits on 

withdrawn public domain land, the appropriate regional office of GSA 

should be requested to approve the overall leasing program, thus 

obviating the need to request approval of each individual lease or permit 

as issued.

 (b) GSA survey. (1) Bureaus and Offices shall cooperate fully with 

GSA officials conducting surveys of real property holdings under their 

jurisdiction in order to facilitate the overall objectives of the real property 

review program.

 (2) Notifications of GSA survey findings received in the Office of the 

Secretary from the GSA Central Office in accordance with FPMR 101-

47.802(b)(5), will be forwarded to the Bureau or Office having custody of 

the property involved. Referrals to Bureaus and Offices will include a 

request for their comments and recommendations in any cases where GSA 

recommends that specific properties should be reported excess.

Sec. 114-47.802-50 Disposal criteria.

 The disposal criteria set forth in this subsection are provided for the use 

and guidance of Bureaus and Offices in conducting the review of real 

property holdings and achieving effective and economical use of such 

property. These criteria are in addition to the standards and guidelines 

prescribed in FPMR 101-47.801.

 (a) Property not utilized—no future use. Property not presently used in 

the Bureau’s program for which acquired and for which there is no 

foreseeable future need should be disposed of promptly by:

 (1) Intrabureau transfer, transfer to other Interior Bureaus, declaration 

to GSA as excess, or disposal as surplus pursuant to authority delegated in 

205 DM 10, or

 (2) Reporting to the Bureau of Land Management in the case of 

unneeded withdrawn public domain land. (See IPMR 114-47.201-3.)

 (b) Property not presently utilized—known future need. Property not 

presently being used, but for which a definite future program need exists 

should be retained: Provided, That the property will be put to its optimum 

use when the future program is undertaken. Reasonable efforts should be 

made to put property in this category into productive use during the 

period it would otherwise remain vacant or idle (see IPMR 114-

47.802(a)(3)), either by:

 (1) Permitting another Interior Bureau of Federal agency to use the 

property on an interim basis, or

 (2) Interim leasing to non-Federal entities: Provided, That the holding 

Bureau or Office has specific statutory authority to lease temporarily 

unused property. (See 15 CG 96.)

 (c) Property not presently utilized—possible future need. This pertains 

to property not presently used in the Bureau’s program, but for which a 

possible future need exists. The less certain or farther away this possible 

future need is, the greater consideration must be given to disposal, 

particularly if the property is not unique and replacement property could 

be acquired later if the need materializes.

 (d) High value locations. An essential Bureau activity being carried on 

at a valuable real estate site might not be using such site to its full 

economic advantage. For example, at the time of acquisition the site may 

have been in an outlying area, but may now be within the growing 

community. Such land is not unneeded or excess, since there is a 

continuing program need for the installation, but the present land could be 

sold for substantially more than the cost of suitable replacement facilities 

and the difference deposited in the Treasury.

 (1) In these instances funds for replacement facilities must first be 

obtained through the normal budgetary processes, justified by the net gain 

to be realized.

 (2) Once the replacement facilities are available, the old facilities 

should be disposed of as unneeded in the usual manner.

 (e) High cost facilities. An essential Bureau activity may be performed 

in facilities which have such an unusually high annual operation and 

maintenance cost that replacement is justified. Some examples of this 

might be:

 (1) The work is being performed at several separate locations, with a 

consequent loss of efficiency and higher costs.

 (2) The work is being performed in several small buildings at the one 

site, and would significantly benefit from operations being consolidated in 

one building.

 (3) The facility is unusually expensive to maintain, due to age or poor 

condition.

 (4) The facility is so poorly planned or laid out, or so unsuitable for the 

particular type of activity being carried on, that excess costs are incurred.

 (5) The facility is permanently underutilized, and is not susceptible to 

partial disposal through sharing, rental, sale, etc.

 

 In all of paragraphs (e)(1) through (5) of this section and in similar 

instances, if the anticipated savings would so warrant, funds for 

replacement should be sought through the normal budgetary processes, 

justified by the net savings. Once the replacement facilities are available, 

the old facilities should be disposed of as unneeded in the usual manner.

 (f) Property used by another Federal agency under permit. Property for 

which a future need was anticipated may be utilized by another Federal 

agency by permit from the holding Bureau. If reexamination of the 

anticipated need discloses that such need will not materialize, the Bureau 

having basic custody of the property should convey the property to the 

permittee Bureau or agency by formal transfer of accountability.

 (g) Property leased to non-Federal entities. Property for which a future 

need was anticipated may have been leased on an interim basis to a nonFederal entity. If reexamination of the anticipated need discloses that such 

need will not materialize, the property should be disposed of, subject to 

the provisions of the lease.

Sec. 114-47.802-51 Funds and statutory authority.

 There may be cases where it will be necessary to secure additional 

funds or specific legislative authority before disposal of high-value 

locations or high-cost facilities can be made and the necessary 

replacement facilities acquired. However, this circumstance must not 

delay the making of necessary surveys in order to identify properties in 

these categories or the initiation of specific proposals looking toward 

replacement. Proposals should be supported by estimates of replacement 

costs and ultimate net savings. In seeking replacement facilities:

 (a) Such action as can be taken without additional funds or statutory 

authority should be initiated at the earliest practicable time;

 (b) Consideration should be given to obtaining available and excess 

property presently held by other Interior Bureaus and other Federal 

agencies; and

 (c) The appropriate regional office of the General Services 

Administration should be contacted to determine whether suitable excess 

replacement facilities are available for transfer or expected to become 

available within a reasonable time.

Sec. 114-47.802-52 Bureau implementation.

 In those Bureaus having large and varied real property holdings, the 

general instructions in this chapter require further development for 

effective application within the Bureau, particularly with respect to the 

following:

 (a) Retention criteria. Bureau implementation should include, to the 

extent possible, uniform retention criteria for specific properties for the 

guidance of field personnel conducting the annual review required by 

IPMR 114-47.802. The following is an example of retention criteria 

which might be developed.

 It may be determined that a certain amount of land is needed to 

accommodate a particular type or size of facility, such as an 

administrative site, boarding school, day school, etc. Where this 

determination can be made the needed acreage should be specified and 

any held for this purpose in excess of that amount should be considered 
DoD Base Reuse Implementation Manual

December 1997 E-59

for disposal.

 

 (b) Partial disposals. Bureau instructions should make clear that it is 

not enough for a field office official to determine, for example, that a 

program using 1,000 acres of land will continue to be carried on, but a 

further determination should be made as to the need to retain the entire 

1,000 acres and whether or not a part of the acreage can be made 

available for other utilization or disposal. It might still be necessary to 

provide employee housing, but 50 units might now be adequate and 10 

units released. The units of property to be released must, of course, be of a 

nature or so located that they are susceptible of economic separate 

disposal.

 (c) Underutilization and uneconomical utilization. These situations 

may be common or typical of certain phases of the Bureau’s program at 

some locations, and further criteria are needed to show either how they 

may be overcome or else why they must be accepted as a temporary 

condition due to the program requirements.

 (d) Program utilization. There is a definite need for Bureau 

particularization on what constitutes program utilization, as distinguished 

from non-program but authorized utilization. There are many legitimate 

and necessary instances of utilization of real property for nonprogram 

purposes, usually of a temporary nature, but such use does not give it a 

program status. One rule of thumb might be whether program funds 

would be expended to purchase land or construct buildings for present 

uses of existing real property.

 (e) Inspection and field review. The Bureau headquarters and regional 

staff members responsible for this aspect of real property management 

shall include checking the effectiveness of compliance and understanding 

at the regional and installation level, of this program, particularly on the 

completeness of both regional and installation reports, and the 

development of adequate techniques for the survey at the installation 

level.

Sec. 114-47.802-53 Intrabureau records.

 The head of each Bureau having jurisdiction over real property shall 

issue instructions to provide that each office responsible for conducting 

the prescribed annual review of real property holdings shall:

 (a) Maintain a written record of the review of each individual 

installation, which record will contain comments relative to each of the 

guidelines set forth in FPMR 101-47.801(b).

 (b) Maintain a written descriptive listing of all properties or portions of 

properties identified during each annual review as unneeded, 

underutilized, or not being put to optimum use, whether or not disposal 

action is going to be taken on the properties.

Sec. 114-47.802-54 Annual report to the Department.

 The head of each Bureau or Office having jurisdiction over real 

property shall prepare an annual report, as of the end of each fiscal year, 

summarizing the actions taken by the Bureau or Office to implement the 

provisions of this Subpart 114-47.8. The report will:

 (a) Include consolidated reports for the Bureau in the form of 

Appendices I, II, III of this subpart. /1/ These Appendices illustrate the 

format and the order in which the requested data are to be reported and 

should be followed to facilitate processing by the Department and 

transmittal to the Office of Management and Budget.

 

 NOTE 1 Filed as part of the original document.

 

 (b) Include in the memorandum transmitting Appendices I, II, and III, 

the following:

 (1) A narrative statement describing, in general the actions taken during 

the fiscal year to comply with the provisions of this Subpart 114-47.8. 

The narrative shall include, but not necessarily be limited to:

 (i) A description of the analytical methods used to determine that 

properties not listed in Appendices I and II are being put to optimum use.

 (ii) Actions taken to strengthen procedures for meeting the objectives of 

the annual review program.

 (iii) Actions taken by the head of the bureau and headquarters office 

staff to insure full compliance with Office of Management and Budget, 

General Services Administration, and Departmental regulations at all 

levels within the bureau.

 (2) A description of any particular problems encountered by the Bureau 

in the management of real property.

 (3) Recommendations as to actions which might be taken by the 

Property Review Board, the Office of Management and Budget, the 

General Services Administration, or the Department to improve the 

management of real property.

 (c) Include, as attachments to the transmittal memorandum, two copies 

of new or revised manual or other instructions issued by the Bureau 

during the fiscal year. If none were issued, the report should so indicate.

 (d) Be prepared, in duplicate, and transmitted to reach the Director, 

Office of Acquisition and Property Management by August 21 of each 

year.

 [36 FR 22294, Nov. 24, 1971, as amended at 40 FR 5527, Feb. 6, 

1975]

Sec. 114-47.5101 Scope of subpart.

 This subpart prescribes basic policy and criteria for the granting of 

permits authorizing other Interior Bureaus or other Federal agencies to 

use real property in custody of Bureaus and Offices of the Department of 

the Interior.

Sec. 114-47.5102 Applicability.

 The provisions of this subpart are applicable to all Federal real property 

in custody of this Department of the types referred to in paragraph (a) of 

this section, wherever located.

 (a) Specifically, this subpart applies to utilization by permit of:

 (1) Lands; buildings, structures and facilities (including those located 

on other than Government-owned land) acquired by purchase, 

condemnation, donation, construction, lease, or other methods; and

 (2) Withdrawn public domain land;

 (b) This subpart does not apply to use permits involving the following 

land and properties, but it does apply to Government-owned buildings, 

structures, and facilities located on such lands:

 (1) Unreserved public domain;

 (2) Rights of way or easements granted to the Government;

 (3) Indian tribal and trust properties;

 (4) Oregon and California revested lands (43 U.S.C. 1181a);

 (5) Land administered by the National Park Service, other than 

administrative sites outside of the established boundaries of a national 

park;

 (6) Land on Indian reservations within consolidation areas approved by 

the Secretary of the Interior;

 (7) Land within the National Wildlife Refuge System; and

 (8) Real property which is to be sold or otherwise disposed of and 

which was acquired through foreclosure, confiscation, or seizure in 

settlement, of a claim of the Federal Government, or through conveyance 

to the Federal Government in connection with an indemnity or loan 

insurance or guarantee program.

Sec. 114-47.5103 Definition of permit.

 For purposes of this subpart, a permit is defined to mean the temporary 

authority conferred on one Government agency to use property under the 

jurisdiction of another Government agency.

Sec. 114-47.5104 Authority.

 While no statutory authority is required to execute a permit authorizing 

the use of property by another Federal agency, such use may be granted 

only in the following instances:

 (a) Nonexcess property. When it has been determined by the head of the 

Bureau or Office, or his designee(s), that there is a present or future 

program requirement for the property, and the proposed use by the 

requesting agency conforms to the acquisition and use provisions of 

Bureau of the Budget Circular No. A-2, Revised, dated April 5, 1967.

 (b) Excess or surplus property in process of disposal. Excess or surplus 

real property may be made available for short term use by permit during 

the period it is being processed for further Federal use or disposal as 
400 Departmental Manual Department of the Interior

E-60 December 1997

provided in paragraphs (b)(1) and (2), of this section; Provided, That the 

requesting agency conforms to the provisions of Bureau of the Budget 

Circular No. A-2, Revised, dated April 5, 1967; And provided further, 

That such temporary use or occupancy will not interfere with, delay, or 

retard its transfer to another Federal agency, or disposal.

 (1) Permits granting interim use of the following properties may be 

executed without the approval of the General Services Administration:

 (i) Excess or surplus real property, including land with or without 

improvements, having an estimated fair market value of less than $1,000, 

and

 (ii) Surplus improvements of any kind having an estimated fair market 

value of $1,000 or more to be disposed of without the underlying land. A 

permit may not be issued, however, until the surplus determination has 

been made by theGeneral Services Administration.

 (2) Permits granting interim use of the following properties may be 

executed only with the approval of the General Services Administration in 

each instance:

 (i) Excess improvements of any kind, having an estimated fair market 

value of $1,000 or more, to be disposed of without the underlying land. In 

the event such improvements are subsequently determined by the General 

Services Administration to be surplus permits may be granted pursuant to 

IPMR 114- 47.5104(b)(1)(ii).

 (ii) Excess or surplus land, with or without improvements, having an 

estimated fair market value of $1,000 or more.

Sec. 114-47.5105 Limitations.

 The head of each Bureau or Office should impose such additional 

limitations on the granting of use permits as he deems necessary for 

effective utilization and disposition of real property in the custody of his 

Bureau.
December 1997 E-61

43 CFR Part 2370:

Bureau of Land Management

43 CFR PART 2370—RESTORATIONS AND REVOCATIONS

 

Subpart 2370—Restorations and Revocations; General

 

 Sec.

 2370.0-1 Purpose.

 2370.0-3 Authority.

 

Subpart 2372—Procedures

 

 2372.1 Notice of intention to relinquish action by holding agency.

 2372.2 Report to General Services Administration.

 2372.3 Return of lands to the public domain; conditions.

 

Subpart 2374—Acceptance of Jurisdiction by BLM

 

 2374.1 Property determinations.

 2374.2 Conditions of acceptance by BLM.

 

 AUTHORITY: 63 Stat. 377 as amended, R.S. 2478; 40 U.S.C. 472, 43 

U.S.C. 1201.

Subpart 2370—Restorations and Revocations; General

Sec. 2370.0-1 Purpose.

 The regulations of this Part 2370 apply to lands and interests in lands 

withdrawn or reserved from the public domain, except lands reserved or 

dedicated for national forest or national park purposes, which are no 

longer needed by the agency for which the lands are withdrawn or 

reserved.

 

 [35 FR 9558, June 13, 1970]

Sec. 2370.0-3 Authority.

 The Federal Property and Administrative Services Act of 1949 (63 

Stat. 377), as amended, governs the disposal of surplus Federal lands or 

interests in lands. Section 3 of that Act (40 U.S.C. 472), as amended, 

February 28, 1958 (72 Stat. 29), excepts from its provisions the 

following:

 (a) The public domain.

 (b) Lands reserved or dedicated for national forest or national park 

purposes.

 (c) Minerals in lands or portions of lands withdrawn or reserved from 

the public domain which the Secretary of the Interior determines are 

suitable for disposition under the public land mining and mineral leasing 

laws.

 (d) Lands withdrawn or reserved from the public domain, but not 

including lands or portions of lands so withdrawn or reserved which the 

Secretary of the Interior, with the concurrence of the Administrator of the 

General Services Administration, determines are not suitable for return to 

the public domain for disposition under the general public-land laws, 

because such lands are substantially changed in character by 

improvements or otherwise.

 

 [35 FR 9558, June 13, 1970]

Subpart 2372—Procedures

 

 Source: 35 FR 9558, June 13, 1970, unless otherwise noted.

Sec. 2372.1 Notice of intention to relinquish action by holding 

agency.

 (a) Agencies holding withdrawn or reserved lands which they no longer 

need will file, in duplicate, a notice of intention to relinquish such lands in 

the proper office (see Sec. 1821.2-1 of this chapter).

 (b) No specific form of notice is required, but all notices must contain 

the following information:

 (1) Name and address of the holding agency.

 (2) Citation of the order which withdrew or reserved the lands for the 

holding agency.

 (3) Legal description and acreage of the lands, except where reference 

to the order of withdrawal or reservation is sufficient to identify them.

 (4) Description of the improvements existing on the lands.

 (5) The extent to which the lands are contaminated and the nature of 

the contamination.

 (6) The extent to which the lands have been decontaminated or the 

measures taken to protect the public from the contamination and the 

proposals of the holding agency to maintain protective measures.

 (7) The extent to which the lands have been changed in character other 

than by construction of improvements.

 (8) The extent to which the lands or resources thereon have been 

disturbed and the measures taken or proposed to be taken to recondition 

the property.

 (9) If improvements on the lands have been abandoned, a certification 

that the holding agency has exhausted General Services Administration 

procedures for their disposal and that the improvements are without value.

 (10) A description of the easements or other rights and privileges which 

the holding agency or its predecessors have granted covering the lands.

 (11) A list of the terms and conditions, if any, which the holding agency 

deems necessary to be incorporated in any further disposition of the lands 

in order to protect the public interest.

 (12) Any information relating to the interest of other agencies or 

individuals in acquiring use of or title to the property or any portion of it.

 (13) Recommendations as to the further disposition of the lands, 

including where appropriate, disposition by the General Services 

Administration.

Sec. 2372.2 Report to General Services Administration.

 The holding agency will send one copy of its report on unneeded lands 

to the appropriate regional office of the General Services Administration 

for its information.

Sec. 2372.3 Return of lands to the public domain; conditions.

 (a) When the authorized officer of the Bureau of Land Management 

determines the holding agency has complied with the regulations of this 

part, including the conditions specified in Sec. 2374.2 of this subpart, and 

that the lands or interests in lands are suitable for return to the public 

domain for disposition under the general public land laws, he will notify 

the holding agency that the Department of the Interior accepts 

accountability and responsibility for the property, sending a copy of this 

notice to the appropriate regional office of the General Services 

Administration.

Subpart 2374—Acceptance of Jurisdiction by BLM
43 CFR Part 2370: Bureau of Land Management

E-62 December 1997

Sec. 2374.1 Property determinations.

 (a) When the authorized officer of the Bureau of Land Management 

determines that the holding agency has complied with the regulations of 

this part and that the lands or interests in lands other than minerals are not 

suitable for return to the public domain for disposition under the general 

public land laws, because the lands are substantially changed in character 

by improvements or otherwise, he will request the appropriate officer of 

the General Services Administration, or its delegate, to concur in his 

determination.

 (b) When the authorized officer of the Bureau of Land Management 

determines that minerals in lands subject to the provisions of paragraph 

(a) of this section are not suitable for disposition under the public land 

mining or mineral leasing laws, he will notify the appropriate officer of 

the General Services Administration or its delegate of this determination.

 (c) Upon receipt of the concurrence specified in paragraph (a) of this 

section, the authorized officer of the Bureau of Land Management will 

notify the holding agency to report as excess property the lands and 

improvements therein, or interests in lands to the General Services 

Administration pursuant to the regulations of that Administration. The 

authorized officer of the Bureau of Land Management will request the 

holding agency to include minerals in its report to the General Services 

Administration only when the provisions of paragraph (b) of this section 

apply. He will also submit to the holding agency, for transmittal with its 

report to the General Services Administration, information of record in the 

Bureau of Land Management on the claims, if any, by agencies other than 

the holding agency of primary, joint, or secondary jurisdiction over the 

lands and on any encumbrances under the public land laws.

 

 [35 FR 9559, June 13, 1970]

Sec. 2374.2 Conditions of acceptance by BLM.

 Agencies will not be discharged of their accountability and 

responsibility under this section unless and until:

 (a) The lands have been decontaminated of all dangerous materials and 

have been restored to suitable condition or, if it is uneconomical to 

decontaminate or restore them, the holding agency posts them and installs 

protective devices and agrees to maintain the notices and devices.

 (b) To the extent deemed necessary by the authorized officer of the 

Bureau of Land Management, the holding agency has undertaken or

agrees to undertake or to have undertaken appropriate land treatment 

measures correcting, arresting, or preventing deterioration of the land and 

resources thereof which has resulted or may result from the agency’s use 

or possession of the lands.

 (c) The holding agency, in respect to improvements which are of no 

value, has exhausted General Services Administration’s procedures for 

their disposal and certifies that they are of no value.

 (d) The holding agency has resolved, through a final grant or denial, all 

commitments to third parties relative to rights and privileges in and to the 

lands or interests therein.

 (e) The holding agency has submitted to the appropriate office 

mentioned in paragraph (a) of Sec. 2372.1 a copy of, or the case file on, 

easements, leases, or other encumbrances with which the holding agency 

or its predecessors have burdened the lands or interests therein.

 

 [35 FR 9559, June 13, 1970]
December 1997 E-63

36 CFR Part 800:

Protection of Historic and Cultural 

Properties

36 CFR PART 800—PROTECTION OF HISTORIC AND 

CULTURAL PROPERTIES

 

Subpart A—Background and Policy

 

 Sec.

 800.1 Authorities, purposes, and participants.

 800.2 Definitions.

 

Subpart B—The Section 106 Process

 

 800.3 General.

 800.4 Identifying historic properties.

 800.5 Assessing effects.

 800.6 Affording the Council an opportunity to comment.

 800.7 Agreements with States for section 106 reviews.

 800.8 Documentation requirements.

 800.9 Criteria of effect and adverse effect.

 

Subpart C—Special Provisions

 

 800.10 Protecting National Historic Landmarks.

 800.11 Properties discovered during implementation of an undertaking.

 800.12 Emergency undertakings.

 800.13 Programmatic Agreements.

 800.14 Coordination with other authorities.

 800.15 Counterpart regulations.

 

 AUTHORITY: Pub. L. 89-665, 80 Stat. 915 (16 U.S.C. 470), as 

amended, 84 Stat. 204 (1970), 87 Stat. 139 (1973), 90 Stat. 1320 

(1976), 92 Stat. 3467 (1978): E.O. 11593, 3 CFR 1971 Comp., p. 154.

 

 SOURCE: 51 FR 31118, Sept. 2, 1986, unless otherwise noted.

Subpart A—Background and Policy

Sec. 800.1 Authorities, purposes, and participants.

 (a) Authorities. Section 106 of the National Historic Preservation Act 

requires a Federal agency head with jurisdiction over a Federal, federally 

assisted, or federally licensed undertaking to take into account the effects 

of the agency’s undertaking on properties included in or eligible for the 

National Register of Historic Places and, prior to approval of an 

undertaking, to afford the Advisory Council on Historic Preservation a 

reasonable opportunity to comment on the undertaking. Section 110(f) of 

the Act requires that Federal agency heads, to the maximum extent 

possible, undertake such planning and actions as may be necessary to 

minimize harm to any National Historic Landmark that may be directly 

and adversely affected by an undertaking and, prior to approval of such 

undertaking, afford the Council a reasonable opportunity to comment. 

These regulations define the process used by a Federal agency to meet 

these responsibilities, commonly called the section 106 process.

 (b) Purposes of the section 106 process. The Council seeks through the 

section 106 process to accommodate historic preservation concerns with 

the needs of Federal undertakings. It is designed to identify potential 

conflicts between the two and to help resolve such conflicts in the public 

interest. The Council encourages this accommodation through 

consultation among the Agency Official, the State Historic Preservation 

Officer, and other interested persons during the early stages of planning. 

The Council regards the consultation process as an effective means for 

reconciling the interests of the consulting parties. Integration of the section 

106 process into the normal administrative process used by agencies for 

project planning ensures early, systematic consideration of historic 

preservation issues. To this end, the Council encourages agencies to 

examine their administrative processes to see that they provide adequately 

for the efficient identification and consideration of historic properties, that 

they provide for participation by the State Historic Preservation Officer 

and others interested in historic preservation, that they provide for timely 

requests for Council comment, and that they promote cost-effective 

implementation of the section 106 process. When impediments are found 

to exist in the agency’s administrative process, the agency is encouraged 

to consult with the Council to develop special section 106 procedures 

suited to the agency’s needs.

 (c) Participants in the section 106 process—(1) Consulting parties. 

Consulting parties are the primary participants in the section 106 process 

whose responsibilities are defined by these regulations. Consulting parties 

may include:

 (i) Agency Official. The Agency Official with jurisdiction over an 

undertaking has legal responsibility for complying with section 106. It is 

the responsibility of the Agency Official to identify and evaluate affected 

historic properties, assess an undertaking’s effect upon them, and afford 

the Council its comment opportunity. The Agency Official may use the 

services of grantees, applicants, consultants, or designees to prepare the 

necessary information and analyses, but remains responsible for section 

106 compliance. The Agency Official should involve applicants for 

Federal assistance or approval in the section 106 process as appropriate in 

the manner set forth below.

 (ii) State Historic Preservation Officer. The State Historic Preservation 

Officer coordinates State participation in the implementation of the 

National Historic Preservation Act and is a key participant in the section 

106 process. The role of the State Historic Preservation Officer is to 

consult with and assist the Agency Official when identifying historic 

properties, assessing effects upon them, and considering alternatives to 

avoid or reduce those effects. The State Historic Preservation Officer 

reflects the interests of the State and its citizens in the preservation of their 

cultural heritage and helps the Agency Official identify those persons 

interested in an undertaking and its effects upon historic properties. When 

the State Historic Preservation Officer declines to participate or does not 

respond within 30 days to a written request for participation, the Agency 

Official shall consult with the Council, without the State Historic 

Preservation Officer, to complete the section 106 process. The State 

Historic Preservation Officer may assume primary responsibility for 

reviewing Federal undertakings in the State by agreement with the 
36 CFR Part 800: Protection of Historic and Cultural Properties

E-64 December 1997

Council as prescribed in Sec. 800.7 of these regulations.

 (iii) Council. The Council is responsible for commenting to the Agency 

Official on an undertaking that affects historic properties. The official 

authorized to carry out the Council’s responsibilities under each provision 

of the regulations is set forth in a separate, internal delegation of 

authority.

 (2) Interested persons. Interested persons are those organizations and 

individuals that are concerned with the effects of an undertaking on 

historic properties. Certain provisions in these regulations require that 

particular interested persons be invited to become consulting parties under 

certain circumstances. In addition, whenever the Agency Official, the 

State Historic Preservation Officer, and the Council, if participating, agree 

that active participation of an interested person will advance the objectives 

of section 106, they may invite that person to become a consulting party. 

Interested persons may include:

 (i) Local governments. Local governments are encouraged to take an 

active role in the section 106 process when undertakings affect historic 

properties within their jurisdiction. When a local government has legal 

responsibility for section 106 compliance under programs such as the 

Community Development Block Grant Program, participation as a 

consulting party is required. When no such legal responsibility exists, the 

extent of local government participation is at the discretion of local 

government officials. If the State Historic Preservation Officer, the 

appropriate local government, and the Council agree, a local government 

whose historic preservation program has been certified pursuant to section 

101(c)(1) of the Act may assume any of the duties that are given to the 

State Historic Preservation Officer by these regulations or that originate 

from agreements concluded under these regulations.

 (ii) Applicants for Federal assistance, permits, and licenses. When the 

undertaking subject to review under section 106 is proposed by an 

applicant for Federal assistance or for a Federal permit or license, the 

applicant may choose to participate in the section 106 process in the 

manner prescribed in these regulations.

 (iii) Indian tribes. The Agency Official, the State Historic Preservation 

Officer, and the Council should be sensitive to the special concerns of 

Indian tribes in historic preservation issues, which often extend beyond 

Indian lands to other historic properties. When an undertaking will affect 

Indian lands, the Agency Official shall invite the governing body of the 

responsible tribe to be a consulting party and to concur in any agreement. 

When an Indian tribe has established formal procedures relating to 

historic preservation, the Agency Official, State Historic Preservation 

Officer, and Council shall, to the extent feasible, carry out responsibilities 

under these regulations consistent with such procedures. An Indian tribe 

may participate in activities under these regulations in lieu of the State 

Historic Preservation Officer with respect to undertakings affecting its 

lands, provided the Indian tribe so requests, the State Historic 

Preservation Officer concurs, and the Council finds that the Indian tribe’s 

procedures meet the purposes of these regulations. When an undertaking 

may affect properties of historic value to an Indian tribe on non-Indian 

lands, the consulting parties shall afford such tribe the opportunity to 

participate as interested persons. Traditional cultural leaders and other 

Native Americans are considered to be interested persons with respect to 

undertakings that may affect historic properties of significance to such 

persons.

 (iv) The public. The Council values the views of the public on historic 

preservation questions and encourages maximum public participation in 

the section 106 process. The Agency Official, in the manner described 

below, and the State Historic Preservation Officer should seek and 

consider the views of the public when taking steps to identify historic 

properties, evaluate effects, and develop alternatives. Public participation 

in the section 106 process may be fully coordinated with, and satisfied by, 

public participation programs carried out by Agency Officials under the 

authority of the National Environmental Policy Act and other pertinent 

statutes. Notice to the public under these statutes should adquately inform 

the public of preservation issues in order to elicit public views on such 

issues that can then be considered and resolved, when possible, in 

decisionmaking. Members of the public with interests in an undertaking 

and its effects on historic properties should be given reasonable 

opportunity to have an active role in the section 106 process.

Sec. 800.2 Definitions.

 (a) “Act” means the National Historic Preservation Act of 1966, as 

amended, 16 U.S.C. 470-470w-6.

 (b) “Agency Official” means the Federal agency head or a designee 

with authority over a specific undertaking, including any State or local 

government official who has been delegated legal responsibility for 

compliance with section 106 and section 110(f) in accordance with law.

 (c) “Area of potential effects” means the geographic area or areas 

within which an undertaking may cause changes in the character or use of 

historic properties, if any such properties exist.

 (d) “Council” means the Advisory Council on Historic Preservation or 

a Council member or employee designated to act for the Council.

 (e) “Historic property” means any prehistoric or historic district, site, 

building, structure, or object included in, or eligible for inclusion in, the 

National Register. This term includes, for the purposes of these 

regulations, artifacts, records, and remains that are related to and located 

within such properties. The term “eligible for inclusion in the National 

Register” includes both properties formally determined as such by the 

Secretary of the Interior and all other properties that meet National 

Register listing criteria.

 (f) “Indian lands” means all lands under the jurisdiction or control of an 

Indian tribe.

 (g) “Indian tribe” means the governing body of any Indian tribe, band, 

nation, or other group that is recognized as an Indian tribe by the 

Secretary of the Interior and for which the United States holds land in 

trust or restricted status for that entity or its members. Such term also 

includes any Native village corporation, regional corporation, and Native 

Group established pursuant to the Alaska Native Claims Settlement Act, 

43 U.S.C. 1701, et seq.

 (h) “Interested person” means those organizations and individuals that 

are concerned with the effects of an undertaking on historic properties.

 (i) “Local government” means a city, county, parish, township, 

municipality, borough, or other general purpose political subdivision of a 

State.

 (j) “National Historic Landmark” means a historic property that the 

Secretary of the Interior has designated a National Historic Landmark.

 (k) “National Register” means the National Register of Historic Places 

maintained by the Secretary of the Interior.

 (l) “National Register Criteria” means the criteria established by the 

Secretary of the Interior for use in evaluating the eligibility of properties 

for the National Register (36 CFR Part 60).

 (m) “Secretary” means the Secretary of the Interior.

 (n) “State Historic Preservation Officer” means the official appointed 

or designated pursuant to section 101(b)(1) of the Act to administer the 

State historic preservation program or a representative designated to act 

for the State Historic Preservation Officer.

 (o) “Undertaking” means any project, activity, or program that can 

result in changes in the character or use of historic properties, if any such 

historic properties are located in the area of potential effects. The project, 

activity, or program must be under the direct or indirect jurisdiction of a 

Federal agency or licensed or assisted by a Federal agency. Undertakings 

include new and continuing projects, activities, or programs and any of 

their elements not previously considered under section 106.

Subpart B—The Section 106 Process

Sec. 800.3 General.

 (a) Scope. The procedure in this subpart guides Agency Officials, State 

Historic Preservation Officers, and the Council in the conduct of the 

section 106 process. Alternative methods of meeting section 106 

obligations are found in Sec. 800.7, governing review of undertakings in 

States that have entered into agreements with the Council for section 106 

purposes, and Sec. 800.13, governing Programmatic Agreements with 

Federal agencies that pertain to specific programs or activities. Under 

each of these methods, the Council encourages Federal agencies to reach 

agreement on developing alternatives or measures to avoid or reduce 

effects on historic properties that meet both the needs of the undertaking 

and preservation concerns.
DoD Base Reuse Implementation Manual

December 1997 E-65

 (b) Flexible application. The Council recognizes that the procedures for 

the Agency Official set forth in these regulations may be implemented by 

the Agency Official in a flexible manner relfecting differing program 

requirements, as long as the purposes of section 106 of the Act and these 

regulations are met.

 (c) Timing. Section 106 requires the Agency Official to complete the 

section 106 process prior to the approval of the expenditure of any Federal 

funds on the undertaking or prior to the issuance of any license or permit. 

The Council does not interpret this language to bar an Agency Official 

from expending funds on or authorizing nondestructive planning activities 

preparatory to an undertaking before complying with section 106, or to 

prohibit phased compliance at different stages in planning. The Agency 

Official should ensure that the section 106 process is initiated early in the 

planning stages of the undertaking, when the widest feasible range of 

alternatives is open for consideration. The Agency Official should 

establish a schedule for completing the section 106 process that is 

consistent with the planning and approval schedule for the undertaking.

Sec. 800.4 Identifying historic properties.

 (a) Assessing information needs. (1) Following a determination by the 

Agency Official that a proposed project, activity, or program constitutes 

an undertaking and after establishing the undertaking’s area of potential 

effects, the Agency Official shall:

 (i) Review existing information on historic properties potentially 

affected by the undertaking, including any data concerning the likelihood 

that undentified historic properties exist in the area of potential effects;

 (ii) Request the views of the State Historic Preservation Officer on 

further actions to identify historic properties that may be affected; and 

(iii) Seek information in acordance with agency planning processes from 

local governments, Indian tribes, public and private organizations, and 

other parties likely to have knowledge of or concerns with historic 

properties in the area.

 (2) Based on this assessment, the Agency Official should determine any 

need for further actions, such as field surveys and predictive modeling, to 

identify historic properties.

 (b) Locating historic properties. In consultation with the State Historic 

Preservation Officer, the Agency Official shall make a reasonable and 

good faith effort to identify historic properties that may be affected by the 

undertaking and gather sufficient information to evaluate the eligibility of 

these properties for the National Register. Efforts to identify historic 

properties should follow the Secretary’s “Standards and Guidelines for 

Archeology and Historic Preservation” (48 FR 44716) and agency 

programs to meet the requirements of section 110(a)(2) of the Act.

 (c) Evaluating historical significance. (1) In consultation with the State 

Historic Preservation Officer and following the Secretary’s Standards and 

Guidelines for Evaluation, the Agency Official shall apply the National 

Register Criteria to properties that may be affected by the undertaking and 

that have not been previously evaluated for National Register eligibility. 

The passage of time or changing perceptions of significance may justify 

reevaluation of properties that were previously determined to be eligible 

or ineligible.

 (2) If the Agency Official and the State Historic Preservation Officer 

agree that a property is eligible under the criteria, the property shall be 

considered eligible for the National Register for section 106 purposes.

 (3) If the Agency Official and the State Historic Preservation Officer 

agree that the criteria are not met, the property shall be considered not 

eligible for the National Register for section 106 purposes.

 (4) If the Agency Official and the State Historic Preservation Officer do 

not agree, or if the Council or the Secretary so request, the Agency 

Official shall obtain a determination from the Secretary of the Interior 

pursuant to the applicable National Park Service regulations.

 (5) If the State Historic Preservation Officer does not provide views, 

then the State Historic Preservation Officer is presumed to agree with the 

Agency Official’s determination for the purpose of this subsection.

 (d) When no historic properties are found. If the Agency Official 

determines in accordance with Sec. 800.4 paragraphs (a) through (c) that 

there are no historic properties that may be affected by the undertaking, 

the Agency Official shall provide documentation of this finding to the 

State Historic Preservation Officer. The Agency Official should notify 

interested persons and parties known to be interested in the undertaking 

and its possible effects on historic properties and make the documentation 

available to the public. In these circumstances, the Agency Official is not 

required to take further steps in the section 106 process.

 (e) When historic properties are found. If there are historic properties 

that the undertaking may affect, the Agency official shall assess the effects 

in accordance with Sec. 800.5.

Sec. 800.5 Assessing effects.

 (a) Applying the Criteria of Effect. In consultation with the State 

Historic Preservation Officer, the Agency Official shall apply the Criteria 

of Effect (Sec. 800.9(a)) to historic properties that may be affected, giving 

consideration to the views, if any, of interested persons.

 (b) When no effect is found. If the Agency Official finds the 

undertaking will have no effect on historic properties, the Agency Official 

shall notify the State Historic Preservation Officer and interested persons 

who have made their concerns known to the Agency Official and 

document the findings, which shall be available for public inspection. 

Unless the State Historic Preservation Officer objects within 15 days of 

receiving such notice, the Agency Official is not required to take any 

further steps in the section 106 process. If the State Historic Preservation 

Officer files a timely objection, then the procedures described in Sec. 

800.5(c) are followed.

 (c) When an effect is found. If an effect on historic properties is found, 

the Agency Official, in consultation with the State Historic Preservation 

Officer, shall apply the Criteria of Adverse Effect (Sec. 800.9(b)) to 

determine whether the effect of the undertaking should be considered 

adverse.

 (d) When the effect is not considered adverse. (1) If the Agency Official 

finds the effect is not adverse, the Agency Official shall:

 (i) Obtain the State Historic Preservation Officer’s concurrence with 

the finding and notify and submit to the Council summary documentation, 

which shall be available for public inspection; or

 (ii) Submit the finding with necessary documentation (Sec. 800.8(a)) to 

the Council for a 30-day review period and notify the State Historic 

Preservation Officer.

 (2) If the Council does not object to the finding of the Agency Official 

within 30 days of receipt of notice, or if the Council objects but proposes 

changes that the Agency Official accepts, the Agency Official is not 

required to take any further steps in the section 106 process other than to 

comply with any agreement with the State Historic Preservation Officer or 

Council concerning the undertaking. If the Council objects and the 

Agency Official does not agree with changes proposed by the Council, 

then the effect shall be considered as adverse.

 (e) When the effect is adverse. If an adverse effect on historic properties 

is found, the Agency Official shall notify the Council and shall consult 

with the State Historic Preservation Officer to seek ways to avoid or 

reduce the effects on historic properties. Either the Agency Official or the 

State Historic Preservation Officer may request the Council to participate. 

The Council may participate in the consultation without such a request.

 (1) Involving interested persons. Interested persons shall be invited to 

participate as consulting parties as follows when they so request:

 (i) The head of a local government when the undertaking may affect 

historic properties within the local government’s jurisdiction;

 (ii) The representative of an Indian tribe in accordance with Sec. 

800.1(c)(2)(iii);

 (iii) Applicants for or holders of grants, permits, or licenses, and owners 

of affected lands; and

 (iv) Other interested persons when jointly determined appropriate by 

the Agency Official, the State Historic Preservation Officer, and the 

Council, if participating.

 (2) Documentation. The Agency Official shall provide each of the 

consulting parties with the documentation set forth in Sec. 800.8(b) and 

such other documentation as may be developed in the course of 

consultation.

 (3) Informing the public. The Agency Official shall provide an 

adequate opportunity for members of the public to receive information 

and express their views. The Agency Official is encouraged to use existing 

agency public involvement procedures to provide this opportunity. The 
36 CFR Part 800: Protection of Historic and Cultural Properties

E-66 December 1997

Agency Official, State Historic Preservation Officer, or the Council may 

meet with interested members of the public or conduct a public 

information meeting for this purpose.

 (4) Agreement. If the Agency Official and the State Historic 

Preservation Officer agree upon how the effects will be taken into 

account, they shall execute a Memorandum of Agreement. When the 

Council participates in the consultation, it shall execute the Memorandum 

of Agreement along with the Agency Official and the State Historic 

Preservation Officer. When the Council has not participated in 

consultation, the Memorandum of Agreement shall be submitted to the 

Council for comment in accordance with Sec. 800.6(a). As appropriate, 

the Agency Official, the State Historic Preservation Officer, and the 

Council, if participating, may agree to invite other consulting parties to 

concur in the agreement.

 (5) Amendments. The Agency Official, the State Historic preservation 

Officer, and the Council, if it was a signatory to the original agreement, 

may subsequently agree to an amendment to the Memorandum of 

Agreement. When the Council is not a party to the Memorandum of 

Agreement, or the Agency Official and the State Historic Preservation 

Officer cannot agree on changes to the Memorandum of Agreement, the 

proposed changes shall be submitted to the Council for comment in 

accordance with Sec. 800.6.

 (6) Ending consultation. The Council encourages Agency Officials and 

State Historic Preservation Officers to utilize the consultation process to 

the fullest extent practicable. After initiating consultation to seek ways to 

reduce or avoid effects on historic properties, State Historic Preservation 

Officer, the Agency Official, or the Council, at its discretion, may state 

that further consultation will not be productive and thereby terminate the 

consultation process. The Agency Official shall then request the Council’s 

comments in accordance with Sec. 800.6(b) and notify all other 

consulting parties of its requests.

Sec. 800.6 Affording the Council an opportunity to comment.

 (a) Review of a Memorandum of Agreement. (1) When an Agency 

Official submits a Memorandum of Agreement accompanied by the 

documentation specified in Sec. 800.8 (b) and (c), the Council shall have 

30 days from receipt to review it. Before this review period ends, the 

Council shall:

 (i) Accept the Memorandum of Agreement, which concludes the section 

106 process, and informs all consulting parties; or

 (ii) Advise the Agency Official of changes to the Memorandum of 

Agreement that would make it acceptable; subsequent agreement by the 

Agency Official, the State Historic Preservation Officer, and the Council 

concludes the section 106 process; or

 (iii) Decide to comment on the undertaking, in which case the Council 

shall provide its comments within 60 days of receiving the Agency 

Official’s submission, unless the Agency Official agrees otherwise.

 (2) If the Agency Official, the State Historic Preservation Officer, and 

the Council do not reach agreement in accordance with Sec. 

800.6(a)(1)(ii), the Agency Official shall notify the Council, which shall 

provide its comments within 30 days of receipt of notice.

 (b) Comment when there is no agreement. (1) When no Memorandum 

of Agreement is submitted, the Agency Official shall request Council 

comment and provide the documentation specified in Sec. 800.8(d). When 

requested by the Agency Official, the Council shall provide its comments 

within 60 days of receipt of the Agency Official’s request and the 

specified documentation.

 (2) The Agency Official shall make a good faith effort to provide 

reasonably available additional information concerning the undertaking 

and shall assist the Council in arranging an onsite inspection and public 

meeting when requested by the Council.

 (3) The Council shall provide its comments to the head of the agency 

requesting comment. Copies shall be provided to the State Historic 

Preservation Officer, interested persons, and others as appropriate.

 (c) Response to Council comment. (1) When a Memorandum of 

Agreement becomes final in accordance with Sec. 800.6(a)(1) (i) or (ii), 

the Agency Official shall carry out the undertaking in accordance with the 

terms of the agreement. This evidences fulfillment of the agency’s section 

106 responsibilities. Failure to carry out the terms of a Memorandum of 

Agreement requires the Agency Official to resubmit the undertaking to 

the Council for comment in accordance with Sec. 800.6.

 (2) When the Council had commented pursuant to Sec. 800.6(b), the 

Agency Official shall consider the Council’s comments in reaching a final 

decision on the proposed undertaking. The Agency Official shall report 

the decision to the Council, and if possible, should do so prior to initiating 

the undertaking.

 (d) Foreclosure of the Council’s opportunity to comment. (1) The

Council may advise an Agency Official that it considers the agency has 

not provided the Council a reasonable opportunity to comment. The 

decision to so advise the Agency Official will be reached by a majority 

vote of the Council or by a majority vote of a panel consisting of three or 

more Council members with the concurrence of the Chairman.

 (2) The Agency Official will be given notice and a reasonable 

opportunity to respond prior to a proposed Council determination that the 

agency has foreclosed the Council’s opportunity to comment.

 (e) Public requests to the Council. (1) When requested by any person, 

the Council shall consider an Agency Official’s finding under Secs. 

800.4(b), 800.4(c), 800.4(d), or 800.5(b), and, within 30 days of receipt 

of the request, advise the Agency Official, the State Historic Preservation 

Officer, and the person making the request of its views of the Agency 

Official’s finding.

 (2) In light of the Council views, the Agency Official should reconsider 

the finding. However, an inquiry to the Council will not suspend action on 

an undertaking.

 (3) When the finding concerns the eligibility of a property for the 

National Register, the Council shall refer the matter to the Secretary. 

 [51 FR 31118, Sept. 2, 1986; 52 FR 25376, July 7, 1987]

Sec. 800.7 Agreements with States for section 106 reviews.

 (a) Establishment of State agreements. (1) Any State Historic 

Preservation Officer may enter into an agreement with the Council to 

substitute a State review process for the procedures set forth in these 

regulations, provided that:

 (i) The State historic preservation program has been approved by the 

Secretary pursuant to section 101(b)(1) of the Act; and

 (ii) The Council, after analysis of the State’s review process and 

consideration of the views of Federal and State agencies, local 

governments, Indian tribes, and the public, determines that the State 

review process is at least as effective as, and no more burdensome than, 

the procedures set forth in these regulations in meeting the requirements of 

section 106.

 (2) The Council, in analyzing a State’s review process pursuant to Sec. 

800.7(a)(1)(ii), shall:

 (i) Review relevant State laws, Executive orders, internal directives, 

standards, and guidelines;

 (ii) Review the organization of the State’s review process;

 (iii) Solicit and consider the comments of Federal and State agencies, 

local governments, Indian tribes, and the public;

 (iv) Review the results of program reviews carried out by the Secretary; 

and

 (v) Review the record of State participation in the section 106 process.

 (3) The Council will enter into an agreement with a State under this 

section only upon determining, at minimum, that the State has a 

demonstrated record of performance in the section 106 process and the 

capability to administer a comparable process at the State level.

 (4) A State agreement shall be developed through consultation between 

the State Historic Preservation Officer and the Council and concurred in 

by the Secretary before submission to the Council for approval. The 

Council may invite affected Federal and State agencies, local 

governments, Indian tribes, and other interested persons to participate in 

this consultation. The agreement shall:

 (i) Specify the historic preservation review process employed in the 

State, showing that this process is at least as effective as, and no more 

burdensome than, that set forth in these regulations;

 (ii) Establish special provisions for participation of local governments 

or Indian tribes in the review of undertakings falling within their 

jurisdiction, when appropriate;

 (iii) Establish procedures for public participation in the State review 
DoD Base Reuse Implementation Manual

December 1997 E-67

process;

 (iv) Provide for Council review of actions taken under its terms, and for 

appeal of such actions to the Council; and

 (v) Be certified by the Secretary as consistent with the Secretary’s 

Standards and Guidelines for Archaeology and Historic Preservation.

 (5) Upon concluding a State agreement, the Council shall publish 

notice of its execution in the Federal Register and make copies of the State 

agreement available to all Federal agencies.

 (b) Review of undertakings when a State agreement is in effect. (1) 

When a State agreement under Sec. 800.7(a) is in effect, an Agency 

Official may elect to comply with the State review process in lieu of 

compliance with these regulations.

 (2) At any time during review of an undertaking under a State 

agreement, an Agency Official may terminate such review and comply 

instead with Secs. 800.4 through 800.6 of these regulations.

 (3) At any time during review of an undertaking under a State 

agreement, the Council may participate. Participants are encouraged to 

draw upon the Council’s expertise as appropriate.

 (c) Monitoring and termination of State agreements. (1) The Council 

shall monitor activities carried out under State agreements, in 

coordination with the Secretary of the Interior’s approval of State 

programs under section 101(b)(1) of the Act. The Council may request 

that the Secretary monitor such activities on its behalf.

 (2) The Council may terminate a State agreement after consultation 

with the State Historic Preservation Officer and the Secretary.

 (3) A State agreement may be terminated by the State Historic 

Preservation Officer.

 (4) When a State agreement is terminated pursuant to Sec. 800.7(c) (2) 

and (3), such termination shall have no effect on undertakings for which 

review under the agreement was complete or in progress at the time the 

termination occurred.

Sec. 800.8 Documentation requirements.

 (a) Finding of no adverse effect. The purpose of this documentation is 

to provide sufficient information to explain how the Agency Official 

reached the finding of no adverse effect. The required documentation is as 

follows:

 (1) A description of the undertaking, including photographs, maps, and 

drawings, as necessary;

 (2) A description of historic properties that may be affected by the

 undertaking;

 (3) A description of the efforts used to identify historic properties;

 (4) A statement of how and why the criteria of adverse effect were 

found inapplicable; and

 (5) The views of the State Historic Preservation Officer, affected local 

governments, Indian tribes, Federal agencies, and the public, if any were 

provided, as well as a description of the means employed to solicit those 

views.

 (b) Finding of adverse effect. The required documentation is as follows:

 (1) A description of the undertaking, including photographs, maps, and 

drawings, as necessary;

 (2) A description of the efforts to identify historic properties;

 (3) A description of the affected historic properties, using materials 

already compiled during the evaluation of significance, as appropriate; 

and

 (4) A description of the undertaking’s effects on historic properties.

 (c) Memorandum of Agreement. When a memorandum is submitted for 

review in accordance with Sec. 800.6(a)(1), the documentation, in 

addition to that specified in Sec. 800.8(b), shall also include a description 

and evaluation of any proposed mitigation measures or alternatives that 

were considered to deal with the undertaking’s effects and a summary of 

the views of the State Historic Preservation Officer and any interested 

persons.

 (d) Requests for comment when there is no agreement. The purpose of 

this documentation is to provide the Council with sufficient information to 

make an independent review of the undertaking’s effects on historic 

properties as the basis for informed and meaningful comments to the 

Agency Official. The required documentation is as follows:

 (1) A description of the undertaking, with photographs, maps, and 

drawings, as necessary;

 (2) A description of the efforts to identify historic properties;

 (3) A description of the affected historic properties, with information on 

the significant characteristics of each property;

 (4) A description of the effects of the undertaking on historic properties 

and the basis for the determinations;

 (5) A description and evaluation of any alternatives or mitigation 

measures that the Agency Official proposes for dealing with the 

undertaking’s effects;

 (6) A description of any alternatives or mitigation measures that were 

considered but not chosen and the reasons for their rejection;

 (7) Documentation of consultation with the State Historic Preservation 

Officer regarding the identification and evaluation of historic properties, 

assessment of effect, and any consideration of alternatives or mitigation 

measures;

 (8) A description of the Agency Official’s efforts to obtain and consider 

the views of affected local governments, Indian tribes, and other interested 

persons;

 (9) The planning and approval schedule for the undertaking; and

 (10) Copies or summaries of any written views submitted to the Agency 

Official concerning the effects of the undertaking on historic properties 

and alternatives to reduce or avoid those effects.

Sec. 800.9 Criteria of effect and adverse effect.

 (a) An undertaking has an effect on a historic property when the

 undertaking may alter characteristics of the property that may qualify the 

property for inclusion in the National Register. For the purpose of 

determining effect, alteration to features of a property’s location, setting, 

or use may be relevant depending on a property’s significant 

characteristics and should be considered.

 (b) An undertaking is considered to have an adverse effect when the 

effect on a historic property may diminish the integrity of the property’s 

location, design, setting, materials, workmanship, feeling, or association. 

Adverse effects on historic properties include, but are not limited to:

 (1) Physical destruction, damage, or alteration of all or part of the 

property;

 (2) Isolation of the property from or alteration of the character of the 

property’s setting when that character contributes to the property’s 

qualification for the National Register;

 (3) Introduction of visual, audible, or atmospheric elements that are out 

of character with the property or alter its setting;

 (4) Neglect of a property resulting in its deterioration or destruction; 

and

 (5) Transfer, lease, or sale of the property.

 (c) Effects of an undertaking that would otherwise be found to be 

adverse may be considered as being not adverse for the purpose of these 

regulations:

 (1) When the historic property is of value only for its potential 

contribution to archeological, historical, or architectural research, and 

when such value can be substantially preserved through the conduct of 

appropriate research, and such research is conducted in accordance with 

applicable professional standards and guidelines;

 (2) When the undertaking is limited to the rehabilitation of buildings 

and structures and is conducted in a manner that preserves the historical 

and architectural value of affected historic property through conformance 

with the Secretary’s “Standards for Rehabilitation and Guidelines for 

Rehabilitating Historic Buildings”, or

 (3) When the undertaking is limited to the transfer, lease, or sale of a 

historic property, and adequate restrictions or conditions are included to 

ensure preservation of the property’s significant historic features.

Subpart C—Special Provisions

Sec. 800.10 Protecting National Historic Landmarks.

 Section 110(f) of the Act requires that the Agency Official, to the 

maximum extent possible, undertake such planning and actions as may be 

necessary to minimize harm to any National Historic Landmark that may 

be directly and adversely affected by an undertaking. When commenting 

on such undertakings, the Council shall use the process set forth in Secs. 
36 CFR Part 800: Protection of Historic and Cultural Properties

E-68 December 1997

800.4 through 800.6 and give special consideration to protecting National 

Historic Landmarks as follows:

 (a) Any consultation conducted under Sec. 800.5(e) shall include the 

Council;

 (b) The Council may request the Secretary under section 213 of the Act 

to provide a report to the Council detailing the significance of the 

property, describing the effects of the undertaking on the property, and 

recommending measures to avoid, minimize, or mitigate adverse effects; 

and

 (c) The Council shall report its comments, including Memoranda of 

Agreement, to the President, the Congress, the Secretary, and the head of 

the agency responsible for the undertaking.

 

 [51 FR 31118, Sept. 2, 1986; 52 FR 25376, July 7, 1987]

Sec. 800.11 Properties discovered during implementation of an

undertaking.

 (a) Planning for discoveries. When the Agency Official’s identification 

efforts in accordance with Sec. 800.4 indicate that historic properties are 

likely to be discovered during implementation of an undertaking, the 

Agency Official is encouraged to develop a plan for the treatment of such 

properties if discovered and include this plan in any documentation 

prepared to comply with Sec. 800.5.

 (b) Federal agency responsibilities. (1) When an Agency Official has 

completed the section 106 process and prepared a plan in accordance with 

Sec. 800.11(a), the Agency Official shall satisfy the requirements of 

section 106 concerning properties discovered during implementation of an 

undertaking by following the plan.

 (2) When an Agency Official has completed the section 106 process 

without preparing a plan in accordance with Sec. 800.11(a) and finds 

after beginning to carry out the undertaking that the undertaking will 

affect a previously unidentified property that may be eligible for inclusion 

in the National Register, or affect a known historic property in an 

unanticipated manner, the Agency Official shall afford the Council an 

opportunity to comment by choosing one of the following courses of 

action:

 (i) Comply with Sec. 800.6;

 (ii) Develop and implement actions that take into account the effects of 

the undertaking on the property to the extent feasible and the comments 

from the State Historic Preservation Officer and the Council pursuant to 

Sec. 800.11(c); or

 (iii) If the property is principally of archeological value and subject to 

the requirements of the Archeological and Historic Preservation Act, 16 

U.S.C. 469(a)-(c), comply with that Act and implementing regulations 

instead of these regulations.

 (3) Section 106 and these regulations do not require the Agency 

Official to stop work on the undertaking. However, depending on the 

nature of the property and the undertaking’s apparent effects on it, the 

Agency Official should make reasonable efforts to avoid or minimize 

harm to the property until the requirements of this section are met.

 (c) Council comments. (1) When comments are requested pursuant to 

Sec. 800.11(b)(2)(i), the Council will provide its comments in a time 

consistent with the Agency Official’s schedule, regardless of longer time 

periods allowed by these regulations for Council review.

 (2) When an Agency Official elects to comply with Sec. 

800.11(b)(2)(ii), the Agency Official shall notify the State Historic 

Preservation Officer and the Council at the earliest possible time, describe 

the actions proposed to take effects into account, and request the 

Council’s comments. The Council shall provide interim comments to the 

Agency Official within 48 hours of the request and final comments to the 

Agency Official within 30 days of the request.

 (3) When an Agency Official complies with Sec. 800.11(b)(2)(iii), the 

Agency Official shall provide the State Historic Preservation Officer an 

opportunity to comment on the work undertaken and provide the Council 

with a report on the work after it is undertaken.

 (d) Other considerations. (1) When a newly discovered property has not 

previously been included in or determined eligible for the National 

Register, the Agency Official may assume the property to be eligible for 

purposes of section 106.

 (2) When a discovery occurs and compliance with this section is 

necessary on lands under the jurisdiction of an Indian tribe, the Agency 

Official shall consult with the Indian tribe during implementation of this 

section’s requirements.

Sec. 800.12 Emergency undertakings.

 (a) When a Federal agency head proposes an emergency action and 

elects to waive historic preservation responsibilities in accordance with 36 

CFR 78.3, the Agency Official may comply with the requirements of 36 

CFR Part 78 in lieu of these regulations. An Agency Official should 

develop plans for taking historic properties into account during emergency 

operations. At the request of the Agency Official, the Council will assist in 

the development of such plans.

 (b) When an Agency Official proposes an emergency undertaking as an 

essential and immediate response to a disaster declared by the President or 

the appropriate Governor, and Sec. 800.12(a) does not apply, the Agency 

Official may satisfy section 106 by notifying the Council and the 

appropriate State Historic Preservation Officer of the emergency 

undertaking and affording them an opportunity to comment within seven 

days if the Agency Official considers that circumstances permit.

 (c) For the purposes of activities assisted under Title I of the Housing 

and Community Development Act of 1974, as amended, Sec. 800.12(b) 

also applies to an imminent threat to public health or safety as a result of 

natural disaster or emergency declared by a local government’s chief 

executive officer or legislative body, provided that if the Council or the 

State Historic Preservation Officer objects, the Agency Official shall 

comply with Secs. 800.4 through 800.6.

 (d) This section does not apply to undertakings that will not be 

implemented within 30 days after the disaster or emergency. Such 

undertakings shall be reviewed in accordance with Secs. 800.4 through 

800.6.

 

 [51 FR 31118, Sept. 2, 1986; 52 FR 25376, July 7, 1987]

Sec. 800.13 Programmatic Agreements.

 (a) Application. An Agency Official may elect to fulfill an agency’s 

section 106 responsibilities for a particular program, a large or complex 

project, or a class of undertakings that would otherwise require numerous 

individual requests for comments through a Programmatic Agreement. 

Programmatic Agreements are appropriate for programs or projects:

 (1) When effects on historic properties are similar and repetitive or are 

multi-State or national in scope;

 (2) When effects on historic properties cannot be fully determined prior 

to approval;

 (3) When non-Federal parties are delegated major decisionmaking 

responsibilities;

 (4) That involve development of regional or land-management plans; or

 (5) That involve routine management activities at Federal installations.

 (b) Consultation process. The Council and the Agency Official shall 

consult to develop a Programmatic Agreement. When a particular State is 

affected, the appropriate State Historic Preservation Officer shall be a 

consulting party. When the agreement involves issues national in scope, 

the President of the National Conference of State Historic Preservation 

Officers or a designated representative shall be invited to be a consulting 

party by the Council. The Council and the Agency Official may agree to 

invite other Federal agencies or others to be consulting parties or to 

participate, as appropriate.

 (c) Public involvement. The Council, with the assistance of the Agency 

Official, shall arrange for public notice and involvement appropriate to 

the subject matter and the scope of the program. Views from affected units 

of State and local government, Indian tribes, industries, and organizations 

will be invited.

 (d) Execution of the Programmatic Agreement. After consideration of 

any comments received and reaching final agreement, the Council and the 

Agency Official shall execute the agreement. Other consulting parties 

may sign the Programmatic Agreement as appropriate.

 (e) Effect of the Programmatic Agreement. An approved Programmatic 

Agreement satisfies the Agency’s section 106 responsibilities for all 

individual undertakings carried out in accordance with the agreement 
DoD Base Reuse Implementation Manual

December 1997 E-69

until it expires or is terminated.

 (f) Notice. The Council shall publish notice of an approved 

Programmatic Agreement in the Federal Register and make copies readily 

available to the public.

 (g) Failure to carry out a Programmatic Agreement. If the terms of a 

Programmatic Agreement are not carried out or if such an agreement is 

terminated, the Agency Official shall comply with Secs. 800.4 through 

800.6 with regard to individual undertakings covered by the agreement.

Sec. 800.14 Coordination with other authorities.

 To the extent feasible, Agency Officials, State Historic Preservation 

Officers, and the Council should encourage coordination of 

implementation of these regulations with the steps taken to satisfy other 

historic preservation and environmental authorities by:

 (a) Integrating compliance with these regulations with the processes of 

environmental review carried out pursuant to the National Environmental 

Policy Act, and coordinating any studies needed to comply with these 

regulations with studies of related natural and social aspects;

 (b) Designing determinations and agreements to satisfy the terms not 

only of section 106 and these regulations, but also of the requirements of 

such other historic preservation authorities as the Archeological and 

Historic Preservation Act, the Archeological Resources Protection Act, 

section 110 of the National Historic Preservation Act, and section 4(f) of 

the Department of Transportation Act, as applicable, so that a single 

document can be used for the purposes of all such authorities;

 (c) Designing and executing studies, surveys, and other informationgathering activities for planning and undertaking so that the resulting 

information and data is adequate to meet the requirements of all 

applicable Federal historic preservation authorities; and

 (d) Using established agency public involvement processes to elicit the 

views of the concerned public with regard to an undertaking and its effects 

on historic properties.

Sec. 800.15 Counterpart regulations.

 In consultation with the Council, agencies may develop counterpart 

regulations to carry out the section 106 process. When concurred in by the 

Council, such counterpart regulations shall stand in place of these 

regulations for the purposes of the agency’s compliance with section 106.
36 CFR Part 800: Protection of Historic and Cultural Properties

E-70 December 1997

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December 1997 E-71

60 FR 35706:

Final Rule for

Public Benefit Conveyances of

Port Facilities

60 Federal Register 35706, 11 July 1995

GENERAL SERVICES ADMINISTRATION 

41 CFR Part 101-47 

[FPMR Amendment H-192] 

RIN 3090-AF34 

Utilization and Disposal of Real Property; Port Facilities 

AGENCY: Public Buildings Service, GSA. 

ACTION: Final rule.

SUMMARY: Section 2927 of Pub. L. 103-160 (November 30, 1993) 

amended section 203 of the Federal Property and Administrative 

Services Act of 1949, as amended, (40 U.S.C. 484) by adding a 

subsection (q) to provide for cost-free conveyances of Federal surplus 

real property suitable for use as port facilities. This regulation is 

required to implement the new subsection. It prescribes the method 

whereby affected property may be assigned to the Secretary of 

Transportation for subsequent conveyance for approved port facility 

and related economic development programs.

EFFECTIVE DATE: July 11, 1995.

FOR FURTHER INFORMATION CONTACT: Stanley C. 

Langfeld, Director, Real Property Policy Division, Office of 

Governmentwide Real Property Policy, Public Buildings Service, 

General Services Administration (202) 501-1256.

SUPPLEMENTARY INFORMATION: The General Services 

Administration (GSA) is amending its regulations to include procedures 

for making conveyances of Federal surplus real property to nonfederal 

political bodies for port facility and related economic development 

purposes.

GSA has determined that this rule is not a significant regulatory 

action for the purposes of Executive Order 12866. The rule is written to 

ensure maximum benefits to Federal agencies. This Governmentwide 

management regulation will have little or no cost effect on society. 

Therefore, the rule will not have a significant economic impact on a 

substantial number of small entities under the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.)

List of subjects in 41 CFR Part 101-47

Government property management, Surplus Government property.

For the reasons set out in the preamble, 41 CFR part 101-47 is 

amended as follows:

PART 101-47—UTILIZATION AND DISPOSAL OF REAL

PROPERTY

1. The authority citation for part 101-47 is revised to read as 

follows:

Authority: Sec. 205(c), 63 Stat. 390 (40 U.S.C. 486(c)).

SUBPART 101-47.2—UTILIZATION OF EXCESS REAL PROPERTY

2.-3. Section 101-47.203-5 is amended by revising paragraphs (b) 

and (c) to read as follows:

Sec. 101-47.203-5 Screening of excess real property.

* * * * *

(b) Notices of availability for information of the Secretary of Health 

and Human Services and the Secretary of Education in connection with 

the exercise of the authority vested under the provisions of section 

203(k)(1) of the Act, and for information of the Secretary of the Interior 

in connection with the exercise of the authority vested under the 

provisions of section 203(k)(2) of the Act or a possible determination 

under the provisions of section 203(k)(3) of the Act, will be sent to the 

offices designated by the Secretaries to serve the areas in which the 

properties are located. Similar notices of availability for information of 

the Attorney General in connection with a possible determination under 

the provisions of section 203(p)(1) of the Act, and for information of 

the Secretary of Transportation in connection with the exercise of the 

authority vested under the provisions of section 203(q) of the Act, will 

be respectively sent to the Office of Justice Programs, Department of 

Justice, and the Maritime Administration, Department of 

Transportation.

(c) The Departments of Health and Human Services, Education, 

Interior, Justice, and Transportation shall not attempt to interest a local 

applicant in a property until it is determined surplus, except with the 

prior consent of GSA on a case-by-case basis or as otherwise agreed 

upon. When such consent is obtained, the local applicant shall be 

informed that consideration of the application is conditional upon the 

property being determined surplus to Federal requirements and made 

available for the purposes of the application. However, these 

Departments are encouraged to advise the appropriate GSA regional 

office of those excess properties which are suitable for their programs.

* * * * *
60 FR 35706: Public Benefit Conveyances of Port Facilities

E-72 December 1997

3. Section 101-47.204-1 is amended by revising paragraphs (a) and 

(b) to read as follows:

Sec. 101-47.204-1 Reported property.

* * * * *

(a) The holding agency, the Secretary of Health and Human 

Services, the Secretary of Education, the Secretary of the Interior, the 

Attorney General, and the Secretary of Transportation will be notified 

of the date upon which determination as surplus becomes effective. Any 

Federal agency that has identified a property as being required for 

replacement housing for displaced persons under section 218 of the 

Uniform Relocation Assistance and Real Property Acquisition Policies 

Act of 1970 will also be notified of the date upon which determination 

as surplus becomes effective. The Secretary of the Department of 

Energy will be notified when real property is determined surplus and 

advised of any known interest in the property for its use or development 

for energy facilities. Appropriate steps will be taken to ensure that 

energy site needs are considered along with other competing needs in 

the disposal of surplus real property, since such property may become 

available for use under sections 203(e)(3) (G) and (H) of the Act. 

(b) The notices to the Secretary of Health and Human Services, the 

Secretary of Education, the Secretary of the Interior, and the Secretary 

of Energy will be sent to the offices designated by them to serve the area 

in which the property is located. The notices to the Attorney General 

will be sent to the Office of Justice Programs, Department of Justice. 

The notices to the Secretary of Transportation will be sent to the 

Maritime Administration. The notices to the Federal agencies having a 

requirement pursuant to section 218 of the Uniform Relocation 

Assistance and Real Property Acquisition Policies Act of 1970 will be 

sent to the office making the request unless another office is designated.

* * * * *

SUBPART 101-47.3—SURPLUS REAL PROPERTY DISPOSAL

4. Section 101-47.303-2 is amended by revising paragraphs (d), (f), 

and (g) to read as follows:

Sec. 101-47.303-2 Disposals to public agencies.

* * * * *

(d) A copy of the notice described in paragraph (b) of this section 

shall be furnished to the appropriate regional or field offices of (1) the 

National Park Service (NPS) and the Fish and Wildlife Service of the 

Department of the Interior and (2) the Federal Aviation Administration, 

the Federal Highway Administration, and the Maritime Administration 

of the Department of Transportation concerned with the disposal of 

property to public agencies under the statutes named in the notice.

* * * * *

(f) If the disposal agency is not informed within the 29-calendar-day 

period provided in the notice of the desire of a public agency to acquire 

the property under the provisions of the statutes listed in Sec. 101-

47.4905, or is not notified by ED or HHS of a potential educational or 

public health requirement, or is not notified by the Department of the 

Interior of a potential park or recreation requirement, or is not notified 

by the Department of Justice (DOJ) of a potential correctional facilities 

use, or is not notified by the Department of Transportation (DOT) of a 

potential port facility use; it shall be assumed that no public agency or 

nonprofit institution desires to procure the property. (The requirements 

of this Sec. 101-47.303-2(f) shall not apply to the procedures for 

making Federal surplus real property available to assist the homeless in 

accordance with Section 501 of the Stewart B. McKinney Homeless 

Assistance Act, as amended (42 U.S.C. 11411).)

(g) The disposal agency shall promptly review each response of a 

public agency to the notice given pursuant to paragraph (b) of this 

section. The disposal agency shall determine what constitutes a 

reasonable period of time to allow the public agency to develop and 

submit a formal application for the property or its comments as to the

compatibility of the disposal with its development plans and programs. 

When making such determination, the disposal agency shall give 

consideration to the potential suitability of the property for the use 

proposed, the length of time the public agency has stated it will require 

for its action, the protection and maintenance costs to the Government 

during such length of time, and any other relevant facts and 

circumstances. The disposal agency shall coordinate such review and 

determination with the proper office of any interested Federal agencies 

listed below:

(1) National Park Service, Department of the Interior;

(2) Department of Health and Human Services;

(3) Department of Education;

(4) Federal Aviation Administration, Department of Transportation;

(5) Fish and Wildlife Service, Department of the Interior;

(6) Federal Highway Administration, Department of Transportation;

(7) Office of Justice Programs, Department of Justice; and

(8) Maritime Administration, Department of Transportation.

* * * * *

5. Section 101-47.308-2 is amended by revising paragraph (a) to 

read as follows:

Sec. 101-47.308-2 Property to public airports.

* * * * *

(a) Pursuant and subject to the provisions of section 13(g) of the 

Surplus Property Act of 1944 (49 U.S.C. 47151), airport property may 

be conveyed or disposed of to a State, political subdivision, 

municipality, or tax-supported institution for a public airport. Airport 

property is any surplus real property including improvements and 

personal property located thereon as a part of the operating unit 

(exclusive of property the highest and best use of which is determined 

by the Administrator of General Services to be industrial and which 

shall be so classified for disposal without regard to the provisions of this 

section) which, in the determination of the Administrator of the Federal 

Aviation Administration (FAA) is essential, suitable, or desirable for 

the development, improvement, operation, or maintenance of a public 

airport, as defined in the Federal Airport Act, as amended (49 U.S.C. 

1101), or reasonably necessary to fulfill the immediate and foreseeable 

future requirements of the grantee for the development, improvement, 

operation, or maintenance of a public airport, including property needed 

to develop sources of revenue from nonaviation businesses at a public 

airport.

* * * * *

6. Section 101-47.308-10 is added to read as follows:

Sec. 101-47.308-10 Property for port facility use.

(a) Under section 203(q)(1) of the Act, in his/her discretion, the 

Administrator, the Secretary of the Department of Defense (DOD) in 

the case of property located at a military installation closed or realigned 

pursuant to a base closure law, or the designee of either of them, may, 

as the disposal agency, assign to the Secretary of the Department of 

Transportation (DOT) for conveyance, without monetary consideration, 

to any State, or to those governmental bodies named therein, or to any 

political subdivision, municipality, or instrumentality thereof, such 

surplus real and related personal property, including buildings, fixtures, 

and equipment situated thereon, as is recommended by DOT as being 

needed for the development or operation of a port facility.
DoD Base Reuse Implementation Manual

December 1997 E-73

(b) The disposal agency shall notify established State and regional or 

metropolitan clearinghouses and eligible public agencies, in accordance 

with the provisions of Sec. 101-47.303-2, that property which may be 

disposed of for use in the development or operation of a port facility has 

been determined to be surplus. A copy of such notice shall be 

transmitted to DOT accompanied by a copy of the holding agency’s 

Report of Excess Real Property (Standard Form 118 and supporting 

schedules).

(c) The notice to eligible public agencies shall state: 

(1) that any planning for the development or operation of a port 

facility, involved in the development of the comprehensive and 

coordinated plan of use and procurement for the property, must be 

coordinated with DOT;

(2) that any party interested in acquiring the property for use as a 

port facility must contact the Department of Transportation, Maritime 

Administration, for instructions concerning submission of an 

application; and

(3) that the requirement for use of the property in the development or 

operation of a port facility will be contingent upon approval by the 

disposal agency, under paragraph (i) of this section, of a 

recommendation from DOT for assignment of the property to DOT and 

that any subsequent conveyance shall be subject to the disapproval of 

the head of the disposal agency as stipulated under section 203(q)(2) of 

the Act and referenced in paragraph (j) of this subsection.

(d) DOT shall notify the disposal agency within 20 calendar-days 

after the date of the notice of determination of surplus if there is an 

eligible applicant interested in acquiring the property. Whenever the 

disposal agency, has been so notified of a potential port facility 

requirement for the property, DOT shall submit to the disposal agency, 

within 25 calendar-days after the expiration of the 20-calendar-day 

notification period, either a recommendation for assignment of the 

property or a statement that a recommendation will not be submitted.

(e) Whenever an eligible public agency has submitted a plan of use 

for property for a port facility requirement, in accordance with the 

provisions of Sec. 101-47.303-2, the disposal agency shall transmit two 

copies of the plan to DOT. DOT shall either submit to the disposal 

agency, within 25 calendar-days after the date the plan is transmitted, a 

recommendation for assignment of the property to DOT, or inform the 

disposal agency, within the 25-calendar-day period, that a 

recommendation will not be made for assignment of the property to 

DOT.

(f) Any assignment recommendation submitted to the disposal 

agency by DOT shall be accompanied by a copy of the explanatory 

statement required under section 203(q)(3)(C) of the Act and shall set 

forth complete information concerning the contemplated port facility 

use, including: 

(1) an identification of the property;

(2) an identification of the applicant;

(3) a copy of the approved application, which defines the proposed 

plan of use of the property;

(4) a statement that DOT’s determination that the property is located 

in an area of serious economic disruption was made in consultation 

with the Secretary of Labor; and

(5) a statement that DOT’s approval of the economic development 

plan associated with the plan of use of the property was made in 

consultation with the Secretary of Commerce.

(g) Holding agencies shall cooperate to the fullest extent possible 

with representatives of DOT and the Secretary of Commerce in their 

inspection of such property, and of the Secretary of Labor in affirming 

that the property is in an area of serious economic disruption, and in 

furnishing any information relating thereto.

(h) In the absence of an assignment recommendation from DOT 

submitted pursuant to paragraph (d) or (e) of this section, and received 

within the 25- calendar-day time limit specified therein, the disposal 

agency shall proceed with other disposal action.

(i) If, after considering other uses for the property, the disposal 

agency approves the assignment recommendation from DOT, it shall 

assign the property by letter or other document to DOT. If the 

recommendation is disapproved, the disposal agency shall likewise 

notify DOT. The disposal agency shall furnish to the holding agency a 

copy of the assignment, unless the holding agency is also the disposal 

agency.

(j) Subsequent to the receipt of the letter of assignment from the 

disposal agency, DOT shall furnish to the disposal agency, a Notice of 

Proposed Conveyance in accordance with section 203(q)(2) of the Act. 

If the disposal agency has not disapproved the proposed transfer within 

35 calendar-days of the receipt of the Notice of Proposed Conveyance, 

DOT may proceed with the conveyance. 

(k) DOT shall furnish the Notice of Proposed Conveyance within 35 

calendar- days after the date of the letter of assignment from the 

disposal agency, prepare the conveyance documents, and take all 

necessary actions to accomplish the conveyance within 15 calendardays after the expiration of the 30-calendar-day period provided for the 

disposal agency to consider the notice. DOT shall furnish the disposal 

agency two conformed copies of the instruments conveying property 

under subsection 203(q) of the Act and all related documents 

containing restrictions or conditions regulating the future use, 

maintenance, or transfer of the property.

(l) DOT has the responsibility for enforcing compliance with the 

terms and conditions of conveyance; for reformation, correction, or 

amendment of any instrument of conveyance; for the granting of 

release; and for the taking of any necessary actions for recapturing such 

property in accordance with the provisions of subsection 203(q)(4) of 

the Act. Any such action shall be subject to the disapproval of the head 

of the disposal agency. Notice to the head of the disposal agency, by 

DOT, of any action proposed to be taken shall identify the property 

affected, set forth in detail the proposed action, and state the reasons 

therefor.

(m) In each case of repossession under a reversion of title by reason 

of noncompliance with the terms or conditions of conveyance or other 

cause, DOT shall, at or prior to such reversion of title, provide the 

appropriate GSA regional office, with an accurate description of the 

real and related personal property involved. Standard Form 118, Report 

of Excess Real Property, and appropriate accompanying schedules shall 

be used for this purpose. Upon receipt of advice from DOT that such 

property has been repossessed, GSA will review and act upon the 

Standard Form 118. However, the grantee shall be required to provide 

protection and maintenance for the property until such time as the title 

reverts to the Federal Government, including the period of any notice of 

intent to revert. Such protection and maintenance shall, at a minimum, 

conform to the standards prescribed in Sec. 101-47.4913.

SUBPART 101-47.49—ILLUSTRATIONS

7. Section 101-47.4905 is revised to read as follows:

Sec. 101-47.4905 Extract of statutes authorizing disposal of 

surplus real property to public agencies.

Statute: 16 U.S.C. 667b-d. Disposals for wildlife conservation 

purposes.

Type of property*: Any surplus real property (with or without 

improvements) that can be utilized for wildlife conservation purposes 

other than migratory birds, exclusive of (1) oil, gas, and mineral rights, 

and (2) property which the holding agency has requested 

reimbursement of the net proceeds of disposition pursuant to section 

204(c) of the Act.

Eligible public agency: The agency of the State exercising the 

administration of the wildlife resources of the State.

Statute: 23 U.S.C. 107 and 317. Disposals for Federal aid and other 

highways.

Type of property *: Any real property or interests therein 

determined by the Secretary of Transportation to be reasonably 

necessary for the right-of- way of a Federal aid or other highway 

(including control of access thereto from adjoining lands) or as a source 

of material for the construction or maintenance of any such highway 
60 FR 35706: Public Benefit Conveyances of Port Facilities

E-74 December 1997

adjacent to such real property or interest therein, exclusive of (1) oil, 

gas, and mineral rights; and (2) property which the holding agency has 

requested reimbursement of the net proceeds of disposition pursuant to 

section 204(c) of the Act.

Eligible public agency: State wherein the property is situated (or 

such political subdivision of the State as its law may provide), including 

the District of Columbia and Commonwealth of Puerto Rico.

Statute: 40 U.S.C. 122. Transfer to the District of Columbia of 

jurisdiction over properties within the District for administration and 

maintenance under conditions to be agreed upon.

Type of property: Any surplus real property, except property for 

which the holding agency has requested reimbursement of the net 

proceeds of disposition pursuant to section 204(c) of the Act.

Eligible public agency: District of Columbia.

Statute: 40 U.S.C. 345c. Disposals for authorized widening of 

public highways, streets, or alleys.

Type of property *: Such interest in surplus real property as the 

head of the disposal agency determines will not be adverse to the 

interests of the United States, exclusive of (1) oil, gas and mineral 

rights; (2) property subject to disposal for Federal aid and other 

highways under the provisions of 3 U.S.C. 107 and 317; and (3) 

property which the holding agency has requested reimbursement of the 

net proceeds of disposition pursuant to section 204(c) of the Act.

Eligible public agency: State or political subdivision of a State.

Statute: 40 U.S.C. 484(e)(3)(H). Disposals by negotiations.

Type of property: Any surplus real property including related 

personal property.

Eligible public agency: Any State; the District of Columbia; any 

territory or possession of the United States; and any instrumentality, 

political subdivision, or tax-supported agency in any of them.

Statute: 40 U.S.C. 484(k)(1)(A). Disposals for school, classroom, 

or other educational purposes.

Type of property *: Any surplus real property, including buildings, 

fixtures, and equipment situated thereon, exclusive of (1) oil, gas, and 

mineral rights; and (2) property which the holding agency has requested 

reimbursement of the net proceeds of disposition pursuant to section 

204(c) of the Act.

Eligible public agencies: Any State; the District of Columbia; any 

territory or possession of the United States; and any instrumentality, 

political subdivision, or tax-supported educational institution in any of 

them.

Statute: 40 U.S.C. 484(k)(1)(B). Disposals for public health 

purposes including research.

Type of property *: Any surplus real property, including buildings, 

fixtures, and equipment situated thereon, exclusive of (1) oil, gas, and 

mineral rights; and (2) property which the holding agency has requested 

reimbursement of the net proceeds of disposition pursuant to section 

204(c) of the Act.

Eligible public agencies: Any State; the District of Columbia; any 

territory or possession of the United States; and any instrumentality, 

political subdivision, or tax-supported medical institution in any of 

them.

Statute: 40 U.S.C. 484(k)(2). Disposals for public park or 

recreation areas.

Type of property*: Any surplus real property recommended by the 

Secretary of the Interior as being needed for use as a public park or 

recreation area, including buildings, fixtures, and equipment situated 

thereon, exclusive of (1) oil, gas, and mineral rights; (2) improvements 

without land; (3) military chapels subject to disposal as a shrine, 

memorial, or for religious purposes under the provisions of Sec. 101-

47.308-5; and (4) property which the holding agency has requested 

reimbursement of the net proceeds of disposition pursuant to section 

204(c) of the Act.

Eligible public agencies: Any State; the District of Columbia; any 

territory or possession of the United States; and any instrumentality or 

political subdivision in any of them.

Statute: 40 U.S.C. 484(k)(3). Disposals for historic monuments.

Type of property: Any surplus real and related personal property, 

including buildings, fixtures, and equipment situated thereon, exclusive

of (1) oil, gas, and mineral rights; (2) improvements without land; (3) 

military chapels subject to disposal as a shrine, memorial, or for 

religious purposes under the provisions of Sec. 101-47.308-5; and (4) 

property which the holding agency has requested reimbursement of the 

net proceeds of disposition pursuant to section 204(c) of the Act. Before 

property may be conveyed under this statute, the Secretary of the 

Interior must determine that the property is suitable and desirable for 

use as a historic monument for the benefit of the public. No property 

shall be determined to be suitable or desirable for use as a historic 

monument except in conformity with the recommendation of the 

Advisory Board on National Parks, Historic Sites, Buildings, and 

Monuments established by section 3 of the act entitled “An Act for the 

preservation of historic American sites, buildings, objects, and 

antiquities of national significance, and for other purposes,” approved 

Aug. 21, 1935 (49 Stat. 666), and only so much of any such property 

shall be so determined to be suitable or desirable for such use as is 

necessary for the preservation and property observation of its historic 

features. The Administrator of General Services may authorize the use 

of the property conveyed under this subsection for revenue-producing 

activities if the Secretary of the Interior (1) determines that such 

activities are compatible with use of the property for historic monument 

purposes, (2) approves the grantee’s plan for repair, rehabilitation, 

restoration, and maintenance of the property, (3) approves grantee’s 

plan for financing repairs, rehabilitation, restoration, and maintenance 

of the property which must provide that incomes in excess of the costs 

of such items shall be used by the grantee only for public historic 

preservation, park, or recreational purposes, and (4) approves the 

grantee’s accounting and financial procedures for recording and 

reporting on revenue- producing activities.

Eligible public agencies: Any State; the District of Columbia; any

territory or possession of the United States; and any instrumentality or 

political subdivision in any of them.

Statute: 40 U.S.C. 484(p). Disposals for correctional facilities.

Type of property: Any surplus real and related personal property, 

including buildings, fixtures, and equipment situated thereon, exclusive 

of (1) oil, gas, and mineral rights; (2) improvements without land; (3) 

military chapels subject to disposal as a shrine, memorial, or for 

religious purposes under the provisions of Sec. 101-47.308-5; and (4) 

property which the holding agency has requested reimbursement of the 

net proceeds of disposition pursuant to section 204(c) of the Act. Before 

property may be conveyed under this statute, the Attorney General must 

determine that the property is required for correctional facility use and 

approve an appropriate program or project for the care or rehabilitation 

of criminal offenders.

Eligible public agencies: Any State; the District of Columbia; any 

territory or possession of the United States; and any instrumentality or 

political subdivision in any of them.

Statute: 40 U.S.C. 484(q). Disposals for port facility purposes.

Type of property: Any surplus real and related personal property, 

including buildings, fixtures, and equipment situated thereon, exclusive 

of (1) oil, gas, and mineral rights; (2) improvements without land; (3) 

military chapels subject to disposal as a shrine, memorial, or for 

religious purposes under the provisions of Sec. 101-47.308-5; and (4) 

property which the holding agency has requested reimbursement of the 

net proceeds of disposition pursuant to section 204(c) of the Act. Before 

property may be conveyed under this statute, the Secretary of 

Transportation must determine, after consultation with the Secretary of 
DoD Base Reuse Implementation Manual

December 1997 E-75

Labor, that the property is located in an area of serious economic 

disruption; and approve, after consultation with the Secretary of 

Commerce, an economic development plan associated with the plan of 

use of the property.

Eligible public agencies: Any State; the District of Columbia; any 

territory or possession of the United States; and any instrumentality or 

political subdivision in any of them.

Statute: 49 U.S.C. 47151. Disposals for public airport purposes.

Type of property*: Any surplus real or personal property, 

exclusive of (1) oil, gas and mineral rights; (2) military chapels subject 

to disposal as a shrine, memorial or for religious purposes under the 

provisions of Sec. 101- 47.308-5; (3) property subject to disposal as a 

historic monument site under the provisions of Sec. 101-47.308-3; (4) 

property the highest and the best use of which is determined by the 

disposal agency to be industrial and which shall be so classified for 

disposal, and (5) property which the holding agency has requested 

reimbursement of the net proceeds of disposition pursuant to section 

204(c) of the Act.

Eligible public agencies: Any State, the District of Columbia; any 

territory or possession of the United States; and any instrumentality or 

political subdivision in any of them.

Statute: 50 U.S.C. App. 1622(d). Disposals of power transmission 

lines needful for or adaptable to the requirements of a public power 

project.

Type of property*: Any surplus power transmission line and the 

right-of-way acquired for its construction.

Eligible public agency: Any State or political subdivision thereof 

or any State agency or instrumentality.

*The Commissioner, Public Buildings Service, General Services 

Administration, Washington, DC 20405, in appropriate instances, may 

waive any exclusions listed in this description, except for those required 

by law.

8. Section 101-47.4906 is revised to read as follows:

Sec. 101-47.4906 Sample notice to public agencies of surplus 

determination.

Notice of Surplus Determination—Government Property

———————————————————————————

(Date)

———————————————————————————

(Name of property)

———————————————————————————

(Location)

Notice is hereby given that the above described property has been 

determined to be surplus Government property. The property consists of 

____ acres of fee land, more or less, together with easements and 

improvements as follows:

This property is surplus property available for disposal under the 

provisions of the Federal Property and Administrative Services Act of 

1949 (40 U.S.C. 471 et seq.), as amended, certain related laws, and 

applicable regulations. The applicable regulations provide that nonFederal public agencies shall be allowed a reasonable period of time to 

submit a formal application for surplus real property in which they may 

be interested. Disposal of this property, or portions thereof, may be 

made to public agencies for the public uses listed below whenever the 

Government determines that the property is available for such uses and 

that disposal thereof is authorized by the statutes cited and applicable 

regulations. (Note: List only those statutes and types of disposal 

appropriate to the particular surplus property described in the notice.)

16 U.S.C. 667b-d Wildlife conservation. 

23 U.S.C. 107 and 317 Federal aid and certain other 

highways. 

40 U.S.C. 122 Transfer to the District of 

Columbia. 

40 U.S.C. 345c Widening of highways, streets, or 

alleys. 

40 U.S.C. 484(e)(3)(H) Negotiated sales for general 

public purpose uses. 

(Note: This statute should not be 

listed if the 

affected surplus property has an 

estimated value of 

less than $10,000.) 

40 U.S.C. 484(k)(1)(A) School, classroom, or other 

educational purposes. 

40 U.S.C. 484(k)(1)(B) Protection of public health, 

including research. 

40 U.S.C. 484(k)(2) Public park or recreation area. 

40 U.S.C. 484(k)(3) Historic monument. 

40 U.S.C. 484(p) Correctional facility. 

40 U.S.C. 484(q) Port facility. 

49 U.S.C. 47151 Public airport. 

50 U.S.C. App. 1622(d) Power transmission lines.

If any public agency desires to acquire the property under any of the 

cited statutes, notice thereof must be filed in writing with (Insert name 

and address of disposal agency):

———————————————————————————

Such notice must be filed not later than——————————

(Insert date of the 21st day following the date of the notice.)

Each notice so filed shall:

(a) Disclose the contemplated use of the property;

(b) Contain a citation of the applicable statute or statutes under 

which the public agency desires to procure the property;

(c) Disclose the nature of the interest if an interest less than fee title 

to the property is contemplated;

(d) State the length of time required to develop and submit a formal 

application for the property. (Where a payment to the Government is 

required under the statute, include a statement as to whether funds are 

available and, if not, the period required to obtain funds.); and

(e) Give the reason for the time required to develop and submit a 

formal application.

Upon receipt of such written notices, the public agency shall be 

promptly informed concerning the period of time that will be allowed 

for submission of a formal application. In the absence of such written 

notice, or in the event a public use proposal is not approved, the 

regulations issued pursuant to authority contained in the Federal 

Property and Administrative Services Act of 1949 provide for offering 

the property for sale.

Application forms or instructions to acquire property for the public 

uses listed in this notice may be obtained by contacting the following 

Federal agencies for each of the indicated purposes:

(Note: For each public purpose statute listed in this notice, show the 

name, address, and telephone number of the Federal agency to be 

contacted by interested public body applicants.)

Dated: June 27, 1995.

Julia M. Stasch,

Acting Administrator of General Services.

[FR Doc. 95-16454 Filed 7-10-95; 8:45 am]

BILLING CODE 6820-96-M
60 FR 35706: Public Benefit Conveyances of Port Facilities

E-76 December 1997
December 1997 E-77

46 FR 42466:

Final Rule for

Public Benefit Conveyances of

Port Facilities

46 Federal Register 42466, 16 August 1995

DEPARTMENT OF TRANSPORTATION

Maritime Administration

46CFR Part 387

[FPMR Amendment H-192] 

RIN 2133-AB13

Utilization and Disposal of Surplus Federal Real Property 

for Development or Operation of a Port Facility

AGENCY:. Maritime Administration, Department of 

Transportation

ACTION: Final rule. 

------------------------------------------------------------------

SUMMARY: This rule provides guidance for implementation by the 

Secretary of Transportation, acting by and through the Maritime 

Administrator, Maritime Administration (Secretary), of controlling 

regulations issued by the Administrator of General Services 

(Administrator), as authorized by Public Law 103-160. This rule 

prescribes the terms, reservations, restrictions, and conditions under 

which the Secretary will convey surplus Federal real property and 

related personal property to public entities for use in the development or 

operation of a port facility.

EFFECTIVE DATE: This rule is effective August 16, 1995.

FOR FURTHER INFORMATION CONTACT: James R. Carman, 

Acting Chief, Division of Ports, Maritime Administration, MAR-830, 

Room 7201, 400 Seventh Street, SW., Washington, DC, 20590, (202) 

366-4357.

SUPPLEMENTARY INFORMATION: Due to the downsizing of the 

United States Government, surplus Federal real property and related 

personal property is becoming available which may be suitable for the 

development or operation of a port facility. Section 2927 of the 

National Defense Authorization Act for Fiscal Year 1994, enacted 

November 30, 1993, Public Law 103-160, amended Section 203 of the 

Federal Property and Administrative Services Act of 1949 (40 U.S.C. 

484) to provide that under such regulations as the Administrator, after 

consultation with the Secretary of Defense, may prescribe, the 

Administrator or the Secretary of Defense, in the case of property 

located at a military installation closed or realigned pursuant to a base 

closure law, may, in his or her discretion, assign to the Secretary for 

disposal such surplus real property, including buildings, fixtures, and

equipment situated thereon, as is recommended by the Secretary as 

being needed for the development or operation of a port facility. The 

Secretary of Transportation delegated the authority to convey such real 

and personal surplus Federal property to the Maritime Administrator 

(59 FR 36987, July 20, 1994). The Administrator has issued a final 

rule (60 FR 35706, July 11, 1995). This rule establishes the terms, 

reservations, restrictions, and conditions of the conveyance, as required 

by Public Law 103-160, which are consistent with the controlling 

regulations at 41 CFR 101-47.308-10. Most of the terms, reservations, 

restrictions, and conditions used in this rule are found in other surplus 

Federal property conveyance program regulations of Federal agencies. 

The port facility definition is new and was developed by the Secretary 

to implement the conveyance program.

Rulemaking Analyses and Notices

This rulemaking has been reviewed under Executive Order 12866 and 

Department of Transportation Regulatory Policies and Procedures (44 

FR 11034, February 26, 1979). It is not considered to be an 

economically significant regulatory action under Section 3(f) of E.O. 

12866, since it has been determined that it is not likely to result in a 

rule that may have an annual effect on the economy of $100 million or 

more or adversely affect in a material way the economy, a sector of the 

economy, productivity, competition, jobs, the environment, public 

health or safety, or State, local, or tribal governments or communities. 

This rule would not significantly affect other Federal agencies; would 

not materially alter budgetary impacts; does not raise novel legal or 

policy issues arising out of legal mandates, the President's priorities or 

the principles set forth in E.O. 12866, and has been determined to be a 

nonsignificant rule under the Department Regulatory Policies and 

Procedures. Accordingly, it is not considered to be a significant 

regulatory action under E.O. 12866. Since this is a matter relating to 

public property it is exempt from the notice requirements of the 

Administrative Procedure Act (5 U.S.C. 553 (a)(2)). Furthermore, it is 

necessary to finalize guidelines to facilitate and expedite the selection of 

the recipients of properties and the actual conveyance.

This rule has not been reviewed by the Office of Management and 

Budget.

Federalism
46 FR 42466: Final Rule for Public Benefit Conveyances of Port Facilities

E-78 December 1997

The Secretary has analyzed this rulemaking in accordance with the 

principles and criteria contained in Executive Order 12612 and has 

determined that these regulations do not have sufficient federalism 

implications to warrant the preparation of a Federalism Assessment. 

Regulatory Flexibility Act

The Secretary certifies that this rulemaking will not have a significant 

economic impact on a substantial number of small entities.

Environmental Assessment

The Secretary has considered the environmental impact of this 

rulemaking and has concluded that the Secretary, as a sponsoring 

agency under the port facility conveyance, is not required to prepare an 

environmental assessment under the National Environmental Policy Act 

of 1969 (NEPA). The Secretary will insure that the reuse plan 

submitted by an applicant complies with the provisions of NEPA as 

prepared by the disposal agency.

Paperwork Reduction Act

This rulemaking contains a reporting requirement that is subject to the 

Office of Management and Budget (OMB) approval under 5 CFR Part 

1320, pursuant to the Paperwork Reduction Act of 1980 (44 U.S.C. 

3501 et seq.), as amended, and is being (or has been) submitted.

List of Subjects in 46 CFR Part 387

Government property management, Surplus Government property.

Accordingly, new 46 CFR Part 387 is added to read as follows:

PART 387--UTILIZATION AND DISPOSAL OF SURPLUS

FEDERAL REAL PROPERTY FOR DEVELOPMENT OR

OPERATION OF A PORT FACILITY

Sec.

12.1 Scope.

12.2 Definitions.

12.3 Notice of availability of surplus property.

12.4 Applications.

12.5 Surplus property assignment recommendation.

12.6 Terms, reservations, restrictions, and conditions of conveyance.

Authority: Pub. L. 103-160, 107 stat. 1933 (40 U.S.C. 484 (q))

Sec. 12.1 Scope.

This part is applicable to Surplus Property that is recommended by 

the Secretary as being needed for the development or operation of a Port 

Facility and is appropriate for being assigned to, or that has been 

assigned to the Secretary for conveyance as provided for in Public Law 

103-160 and 40 U.S.C. 471 et seq.

Sec. 12.2 Definitions.

(a) Act means the Federal Property and Administrative Services Act 

of 1949 as amended, 40 U.S.C. 471 et seq., and 41 CFR 101-47. 

Terms defined in the Act and not defined in this section have the 

meanings given to them in the Act.

(b) Applicant means any State, the District of Columbia, the 

Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin 

Islands, the Trust Territory of the Pacific Islands, the Commonwealth of 

the Northern Mariana Islands, or any political subdivision, 

municipality, or instrumentality thereof, that has submitted an 

application to the Secretary to obtain surplus Federal property.

(c) Disposal Agency means the executive agency of the Government 

which has authority to assign property to the Secretary for conveyance 

for development or operation of a port facility.

(d) Grantee means the Applicant to which surplus Federal property 

is conveyed.

(e) Grantor means the Secretary.

(f) Port Facility means any structure and improved property, 

including services connected therewith, whether located on the 

waterfront or inland, which is used or intended for use in developing, 

transferring, or assisting maritime commerce and water dependent 

industries, including, but not limited to, piers, wharves, yards, docks, 

berths, aprons, equipment used to load and discharge cargo and 

passengers from vessels, dry and cold storage spaces, terminal and 

warehouse buildings, bulk and liquid storage terminals, tank farms, 

multimodal transfer terminals, transshipment and receiving stations, 

marinas, foreign trade zones, shipyards, industrial property, fishing and 

aquaculture structures, mixed use waterfront complexes, connecting 

channels and port landside transportation access routes.

(g) Secretary means the Secretary of Transportation acting by and 

through the Maritime Administrator, Maritime Administration by 

delegation of authority.

(h) Surplus Property means Federal real and related personal 

property duly determined to be unneeded by a Federal agency which 

may be conveyed to an Applicant for use in the development or 

operation of a port facility.

Sec. 12.3 Notice of availability of surplus property.

he Disposal Agency shall publish notices of availability of excess 

and surplus Federal real and personal property. The Secretary will 

advise eligible public port agencies, in an appropriate manner, of the 

availability of Surplus Property that is deemed to have port facility 

potential. Potential Applicants shall notify the Secretary, in writing, of a 

desire to acquire surplus Federal property before the expiration of the 

notice period specified in the Notice of Surplus Property--Government 

Property.

Sec. 12.4 Applications.

Application forms for conveyance of Surplus Property can be 

obtained from the Maritime Administration, Division of Ports, 400 

Seventh Street, SW, Washington, DC 20590. The applicant shall 

identify on the application form the requested property, agree to the 

terms/conditions of the conveyance and shall also submit a Port Facility 

Redevelopment Plan (PFRP) which details the plan of use for the 

property and the associated economic development plan.

Sec. 12.5 Surplus property assignment recommendation.

Before any assignment recommendation is submitted to the Disposal 

Agency by the Secretary the following conditions shall be met:

(a) The Secretary has received and approved an application for the 

property.

(b) The Applicant is able, willing, and authorized to assume 

immediate possession of the property and pay administrative expenses 

incidental to the conveyance (application preparation, documentation, 

legal and land transfer costs).

(c) The Secretary, after consultation with the Secretary of Labor, has 

determined that the property to be conveyed is located in an area of 

serious economic disruption.

(d) The Secretary, after consultation with the Secretary of 

Commerce, approves the PFRP as part of a necessary economic 

development program.

(e) The Secretary determines that the application complies with the 

provisions of the National Environmental Policy Act of 1969 as 

prepared by the Disposal Agency.
DoD Base Reuse Implementation Manual

December 1997 E-79

Sec. 12.6 Terms, reservations, restrictions, and conditions of 

conveyance.

 (a) Conveyances of property shall be on forms approved by, and 

available from the Secretary, and shall include such terms, reservations, 

restrictions and conditions set forth in this part and such other terms, 

reservations, restrictions and conditions as the Secretary may deem 

appropriate or necessary.

(b) Property shall be conveyed by a quitclaim deed or deeds on an 

``as is, where is'' basis without any warranty, expressed or implied.

(c) Property shall be used and maintained in perpetuity for the 

purpose for which it was conveyed, and that if the property ceases to be 

used or maintained for that purpose, all or any portion of the property 

shall, in its then existing condition, at the option of the Government, 

revert to the Government.

(d) The entire Port Facility, including all structures, improvements, 

facilities and equipment in which the deed conveys any interest shall be 

maintained at all times in safe and serviceable condition, to assure its 

efficient operation and use, provided, however, that such maintenance 

shall be required as to structures, improvements, facilities and 

equipment only during the useful life thereof, as determined by the 

Grantor.

(e) No property conveyed shall be mortgaged or otherwise disposed 

of, or rights or interest granted by the Grantee without the prior written 

consent of the Grantor. However, the Grantor will only review leases of 

five years or more to determine the interest granted therein.

(f) Property conveyed for a Port Facility shall be used and 

maintained for the use and benefit of the public on fair and reasonable 

terms, without discrimination.

(g) The Grantee shall, insofar as it is within its powers and to the 

extent reasonable, adequately protect the water and land access to the 

Port Facility.

(h) The Grantee shall operate and maintain in a safe and serviceable 

condition, as deemed reasonably necessary by Grantor, the port and all 

facilities thereon and connected therewith which are necessary to 

service the maritime users of the Port Facility and will not permit any 

activity thereon which would interfere with its use as a Port Facility.

(i) The Port Facility is subject to the provisions of Title 46 Code of 

Federal Regulations (CFR) Part 340.

(j) The Grantee shall furnish the Grantor such financial, operational 

and annual utilization reports as may be required.

(k) Where construction or major renovation is not required or 

proposed, the Port Facility shall be placed into use within twelve (12) 

months from the date of this conveyance. Where construction or major 

renovation is contemplated at the time of conveyance, the property shall 

be placed in service according to the redevelopment time table approved 

by the Grantor in the PFRP.

(l) The Grantee shall not enter into any transaction which would 

operate to deprive it of any of the rights and powers necessary to 

perform or comply with any or all of the terms, reservations, restrictions 

and conditions set forth in the application and the deed.

(m) The Grantee shall keep up to date at all times a Port Facility 

layout map of the property described herein showing:

(1) the boundaries of the Port Facility and all proposed additions 

thereto, and

(2) the location of all existing and proposed port facilities and 

structures, including all proposed extensions and reductions of existing 

port facilities.

(n) In the event that any of the terms, reservations, restrictions and 

conditions are not met, observed, or complied with by the Grantee, the 

title, right of possession and all other rights conveyed by the deed to the 

Grantee, or any portion thereof, shall, at the option of the Grantor revert 

to the Government, in its then existing condition sixty (60) days 

following the date upon which demand to this effect is made in writing 

by Grantor or its successor in function, unless within said sixty (60) 

days such default or violation shall have been cured and all such terms, 

reservations, restrictions and conditions shall have been met, observed, 

or complied with, in which event said reversion shall not occur.

(o) The deed will contain a severability clause dealing with the 

terms, reservations, restrictions and conditions of conveyance.

(p) The Grantee shall remain at all times a State, the District of 

Columbia, the Commonwealth of Puerto Rico, Guam, American 

Samoa, the Virgin Islands, the Trust Territory of the Pacific Islands, the 

Commonwealth of the Northern Mariana Islands, or any political 

subdivision, municipality, or instrumentality thereof.

(q) The Grantee shall comply at all times with all applicable 

provisions of law, including, the Water Resources Development Act of 

1990.

(r) The Grantee shall not modify, amend or otherwise change its 

approved PFRP without the prior written consent of Grantor and shall 

implement the PFRP as approved by the Grantor.

(s) The Government under Section 120 (h)(3) of the Comprehensive, 

Environmental Response, Compensation and Liability Act of 1980, as 

amended, warrants that:

(1) all remedial action necessary to protect human health and the 

environment with respect to any hazardous substance on the property 

has been taken before the date of the conveyance, and

(2) any additional remedial action found to be necessary after the 

date of the conveyance shall be conducted by the Government.

(t) The Government reserves the right of access to any and all 

portions of the property for purposes of environmental investigation, 

remediation or other corrective action and compliance inspection 

purposes.

(u) The Grantee shall agree that in the event, the Grantor exercises 

its option to revert all right, title, and interest in and to any portion of 

the property to the Government, or Grantee voluntarily returns title to 

the property in lieu of a reverter, the Grantee shall provide protection 

to, and maintenance of the property at all times until such time as the 

title is actually reverted or returned to and accepted by the Government. 

Such protection and maintenance shall, at a minimum, conform to the 

standards prescribed in regulations implementing the Act.

(v) The Grantor expressly reserves from the conveyance:

(1) oil, gas and mineral rights,

(2) improvements without land,

(3) military chapels, and

(4) property disposed of pursuant to 204 (c) of the Act.

(w) The Government reserves all right, title, and interest in and to all 

property of whatsoever nature not specifically conveyed, together with 

right of removal thereof from the Port Facility within one (1) year from 

the date of the deed.

(x) The Grantee shall agree to maintain any portion of the property 

identified as ``historical'' in accordance with recommended approaches 

in the Secretary of Interior Standards for Historic Property at 16 U.S.C. 

461-470w-6.

(y) Prior to the use of any property by children under seven (7) years 

of age, the Grantee shall remove all lead-based paint hazards and all 

potential lead-based paint hazards in accordance with applicable leadbased paint laws and regulations.

(z) The Grantee agrees that any construction or alteration is 

prohibited unless a determination of no hazard to air navigation is 

issued by the Federal Aviation Administration.

(aa) The Grantee shall agree that in its use and occupancy of the Port 

Facility it shall comply with all laws relating to asbestos.

(bb) All construction on any portion of the property identified as 

``wetlands'' as determined by the appropriate District of the Army Corps 

of Engineers shall comply with Department of the Army Wetland 

Construction Restrictions contained in Title 33 CFR, Parts 320 through 

330.

(cc) The Grantee shall agree to maintain, indemnify and hold 

harmless the Grantor and the Government from any and all claims, 

demands, costs or judgments for damages to persons or property that 

may arise from the use of the property by the Grantee, guests, 

employees and lessees.

(dd) The Grantor, on written request from the Grantee, may grant 

release from any of the terms, reservations, restrictions and conditions 
46 FR 42466: Final Rule for Public Benefit Conveyances of Port Facilities

E-80 December 1997

contained in the deed, or the Grantor may release the Grantee from any 

terms, restrictions, reservations or conditions if the Grantor determines 

that the property so conveyed no longer serves the purpose for which it 

was conveyed.

(ee) The Grantor shall make reforms, corrections or amendments to 

the deed if necessary to correct such deed or to conform such deed to the 

requirements of applicable law.

 Dated: August 10, 1995.

 By order of the Maritime Administrator.

Joel C. Richard,

Secretary, Maritime Administrator.

[FR Doc. 95-20180 Filed 8-15-95; 8:45 am]

BILLING CODE 4910-81-P
December 1997 F-1

Appendix F

DoD Environmental Policies and 

Guidance

Contents Page

DoD Guidance and Policies on Fast Track Cleanup at Closing Installations F-3

(18 May 1996)

DoD Guidance on Establishing Base Realignment and Closure Cleanup Teams F-5

DoD Guidance on Accelerating the NEPA Analysis Process for Base Disposal Decisions F-9

DoD Guidance on Improving Public Involvement in Environmental Cleanup at Closing Bases F-12

DoD Policy on the Environmental Review Process to Reach a F-15

Finding of Suitability to Lease (FOSL)

DoD Policy on the Implementation of the Community Environmental Response F-23

Facilitation Act (CERFA)

DoD Guidance on the Environmental Review Process to Reach a Finding of F-27

Suitability to Transfer (1 June 1994)

DoD Guidance on the Environmental Review Process to Reach a Finding of F-29

Suitability to Transfer (FOST) for Property Where Release or Disposal Has Occurred

DoD Guidance on the Environmental Review Process to Reach a Finding of F-34

Suitability to Transfer (FOST) for Property Where No Release or Disposal Has Occurred

DoD Restoration Advisory Board (RAB) Implementation Guidelines F-39

(27 September 1994)

DoD Policies on Asbestos, Lead-Based Paint, and Radon at Base Realignment F-63

and Closure Properties (31 October 1994)

DoD Guidance on Implementation of Authority to Transfer Property Before Completing F-69

Remediation (24 September 1996)
DoD Environmental Policies and Guidance

F-2 December 1997

DoD Guidance on Clarification of “Uncontaminated” Environmental Condition of Property at F-73

Base Realignment and Closure (BRAC) Installations (21 October 1996)

DoD Policy on Responsibility for Additional Environmental Cleanup After F-77

Transfer of Real Property (25 July 1997)

For additional useful information, visit the DoD Environmental Security website at:

http://www.dtic.mil/envirodod/envbrac.html
December 1997 F-3

DoD Guidance and Policies on Fast Track 

Cleanup at Closing Installations

(18 May 1996)
Guidance and Policies on Fast Track Cleanup at Closing Installations

F-4 December 1997

THE DEPUTY SECRETARY OF DEFENSE

WASHINGTON, D.C. 20301-1000

MEMORANDUM FOR THE SECRETARIES OF THE MILITARY DEPARTMENTS

 CHAIRMAN OF THE JOINT CHIEFS OF STAFF

 UNDER SECRETARIES OF DEFENSE

 ASSISTANT SECRETARIES OF DEFENSE

 GENERAL COUNSEL OF THE DEPARTMENT OF DEFENSE

 INSPECTOR GENERAL OF THE DEPARTMENT OF DEFENSE

 ASSISTANTS TO THE SECRETARY OF DEFENSE

 DIRECTOR, ADMINISTRATION AND MANAGEMENT

 DIRECTOR, DEFENSE LOGISTICS AGENCY

SUBJECT: Fast Track Cleanup at Closing Installations

The President announced on July 2, 1993, a base closure community reinvestment program directed at the 

revitalization of local communities affected by base realignment and closure (BRAC) actions through economic 

and fast track cleanup initiatives. The Fast Track Cleanup policy memorandum was issued on September 9, 1993. 

It included procedures for establishing cleanup teams and conducting comprehensive "bottom up" reviews of 

cleanup plans and schedules at closing installations; accelerating the National Environmental Policy Act process; 

involving the public; determining environmental suitability to lease; and implementing the Community 

Environmental Response Facilitation Act for identification of uncontaminated properties.

Based on the success the Department has had with the Fast Tract Cleanup program at installations in previous 

base closure rounds, the program is being extended to bases selected for closure or realignment in 1995. To 

implement Fast Track Cleanup at these locations and continue the program at bases in the previous closure rounds, 

the following Fast Track Cleanup policies are being reissued with modifications:

• DoD Guidance on Establishing Base Realignment and Closure Cleanup Teams

• DoD Guidance on Accelerating the NEPA Analysis Process for Base Disposal Decisions

• DoD Guidance on Improving Public Involvement in Environmental Cleanup at Closing Bases

• DoD Policy on the Environmental Review Process to Reach a Finding of Suitability to Lease

• DoD Policy on the Implementation of the Community Environmental Response Facilitation Act

Components should refer to the joint DoD/Environmental Protection Agency (EPA) Restoration Advisory Board 

(RAB) Implementation Guidelines, issued September 27, 1994, for additional assistance in establishing RABs at 

BRAC Installations.

The bottom up reviews and cleanup plans discussed in the attached DoD Guidance on Establishing Base 

Realignment and Closure Cleanup Teams, and described in the DoD BRAC Cleanup Plan (BCP) Guidebook (Fall 

1995 edition), must be completed by November 1, 1996, for each closing or realigning installation identified 

through BRAC actions in 1995, where a BRAC Cleanup Team (BCT) has been established. A BCP Abstract shall 

be submitted to the Under Secretary of Defense (Acquisition & Technology) no later than November 29, 1996, and 

annually thereafter, for all installations in each of the four BRAC rounds (1988, 1991, 1993, and 1995), where a 

BCT has been established.

The Department's best efforts are critical to communities successfully transitioning from base closure to 

economic recovery through economic redevelopment. I ask for your personal support and urge you to give this 

initiative continual, high level management attention and to allocate the resources necessary to help insure success.
DoD Base Reuse Implementation Manual

December 1997 F-5

Attachments
Guidance and Policies on Fast Track Cleanup at Closing Installations

F-6 December 1997

DOD GUIDANCE ON ESTABLISHING

BASE REALIGNMENT AND

CLOSURE CLEANUP TEAMS

I. PURPOSE

This guidance implements the President's plan to expedite the disposal and reuse of closing military bases 

by creating partnerships and accelerating environmental cleanup activities. It establishes a Base 

Realignment and Closure (BRAC) Cleanup Team (BCT) for each Department of Defense (DoD) closing 

or realigning base where property is available for transfer to the community and empowers the team with 

the authority, responsibility, and accountability for environmental cleanup programs at these installations, 

emphasizing those actions which are necessary to facilitate reuse and redevelopment.

II. APPLICABILITY AND SCOPE

This policy applies to all DoD installations slated for closure or realignment where property is available 

for transfer to the community pursuant to the Base Closure and Realignment Act of 1988 (P.L. 100-526) 

(BRAC 88) or the Defense Base Closure and Realignment Act of 1990 (P.L. 101-510) (BRAC 91, 93, and 

95). The policy's scope includes environmental cleanup programs and activities that support the lease or 

transfer of real property at affected installations under applicable statutes, regulations, and authorities, 

including but not limited to the following:

- Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)

- Resource Conservation and Recovery Act (RCRA)

- National Environmental Policy Act (NEPA)

- Executive Order 12580, Superfund Implementation

- Community Environmental Response Facilitation Act (CERFA)

- National Contingency Plan (NCP)

- Defense Environmental Restoration Program (DERP)

The requirements of this policy shall in no way impede, or otherwise affect the continuing responsibility 

to achieve and maintain environmental compliance in the ongoing operation of installation facilities.

III. POLICY

Department of Defense policy is to conduct environmental cleanup actions

and programs to protect human health and the environment and to facilitate

the reuse and redevelopment of closure bases as expeditiously as possible.

This policy will be carried out to promote economic reuse of affected

installations in support of their surrounding communities, while satisfying

applicable environmental protection laws and regulations.

IV. PROCEDURES AND RESPONSIBILITIES

A. PROCEDURES

1. In conjunction with the appropriate Environmental Protection Agency (EPA) Regional 

Office and state environmental regulatory entity, every DoD installation slated for closure or 

realignment at which property will be available for transfer to the community shall form a 

BCT comprised of one representative from DoD, one representative from the state and, 

where appropriate, one representative from the U.S. EPA. The BCT will act as the primary 

forum in which issues affecting the execution of cleanup to facilitate reuse will be addressed. 
DoD Base Reuse Implementation Manual

December 1997 F-7

One BCT may be formed to oversee activities at more than one installation in the same 

geographic area.

2. The BCT will coordinate closely with the Base Transition Coordinator (BTC) and Local 

Redevelopment Authority (LRA) in developing and implementing a cleanup program which 

facilitates redevelopment of excess property.

3. The DoD representative on the BCT (to be known as the BRAC Environmental Coordinator 

(BEC)) will be appointed by the appropriate DoD Component responsible for the installation. 

The BEC appointed for each base will work for and within the DoD Component organization 

and will have the responsibilities and implementation authorities for environmental cleanup 

programs related to the transfer of the installation's real property. The BEC shall have 

experience commensurate with the responsibilities of the position. The regulatory entities 

have been requested to provide members to the BCT of comparable experience who will 

possess the requisite authority from their respective organizations to take the actions 

stipulated in this policy.

4. The BEC, in conjunction with other members of the BCT, will conduct a "Bottom Up" 

review of the environmental program. The "Bottom Up" review will include an evaluation of 

the existing environmental programs such as the Installation Restoration Program, Closure 

Related Compliance Program, and the Asbestos Program to identify opportunities for 

acceleration to expedite conveyance of property. Potential areas for acceleration include, but 

are not limited to:

a. Review of selected technology for application of expedited solutions.

b. Embracing a bias for cleanup instead of studies, such as the implementation of 

immediate removal actions to eliminate "hot spots" while investigation continues.

c. Identification of clean properties.

d. Identification of overlapping phases of the cleanup process.

e. Use of improved contracting procedures.

f. Interfacing with the community reuse plan and schedule.

g. Validation of technology of the proposed remedy selection to ensure conformance with 

Fast Track Cleanup objectives.

h. Identification of opportunities for application of presumptive remedies.

i. Using innovative management, coordination and communication techniques (e.g., 

partnering).

The product of this review will be a BRAC Cleanup Plan (BCP) which will be the road map 

for expeditious cleanup necessary to facilitate conveyance of property to communities for 

redevelopment. The BCP will be a phased plan which encapsulates and prioritizes 

requirements, schedules and cost of the environmental programs to be implemented by the 

BCT for completing environmental action in support of the cleanup, reuse and 

redevelopment of the base. For sites with existing Federal Facility Agreements (FFA), 
Guidance and Policies on Fast Track Cleanup at Closing Installations

F-8 December 1997

Interagency Agreements (IAG), or similar cleanup agreements, orders or decrees, the BEC 

will propose and negotiate changes needed to expedite cleanup.

 B. RESPONSIBILITIES

1. For the purposes of carrying out this policy, the Secretaries of the Military Departments and 

the Director of the Defense Logistics Agency, through their organizations, shall be 

responsible for:

a. Delegating to the BEC, to the extent permitted by applicable law, authority and 

responsibility for the execution of all environmental cleanup programs related to the 

transfer of the base or parcels within a BCP.

b. Ensuring that all BECs are adequately trained to execute their responsibilities.

c. Making the resources (e.g., technical expertise, contracting, legal, financial) available to 

the BEC for executing the cleanup programs.

d. Forwarding the BCP Abstracts to USD(A&T) on November 29, 1996 and annually, 

thereafter.

e. Programming and budgeting for the resources required to execute the BCP.

f. Providing implementing instructions for this guidance.

g. Providing oversight of the BEC's actions.

2. The responsibilities of the BEC shall include:

a. Contacting the appropriate U.S. EPA Regional Office and state environmental 

regulatory agency and forming the BCT.

b. In conjunction with the other members of the BCT,conducting a "Bottom-Up" review of 

the environmental cleanup programs.

c. Implementing all environmental cleanup programs related to closure in an expeditious 

and cost effective manner in accordance with the BCP.

d. Negotiating appropriate cleanup and abatement actions with EPA and state BCT 

members.

e. Identifying resource requirements for cleanup and abatement actions.

f. Acting as the liaison/coordinator with appropriate installation and headquarters 

commanders with regard to closure-related environmental compliance matters.

g. Participating, in conjunction with other BCT members, as a member of the community's 

Restoration Advisory Board (RAB) and coordinating with the Base Transition 

Coordinator and Local Redevelopment Authority on environmental matters affecting the 

leasing or conveyance of property (e.g., integrating cleanup schedules and reuse 

priorities, cleanup actions and levels, reports to community leaders on cleanup progress 

and/or possible impediments to a lease or conveyance).
DoD Base Reuse Implementation Manual

December 1997 F-9

h. Providing direction on the use of BRAC environmental funds to accomplish cleanup and 

abatement actions within resources available.

i. Proposing and executing changes to existing cleanup agreements, orders and decrees, 

and other environmental procedures to achieve timely and cost effective cleanup.

j. Serving as the Program Manager or the Remedial Program Manager where the 

installation has an FFA, IAG, or other regulatory cleanup agreement, order or decree.

k. Signing or obtaining signature of the Record of Decision for cleanup actions under 

CERCLA.

l. Signing or obtaining signature on decision documents for corrective actions related to 

cleanup under RCRA once the operational mission has departed, and removal actions 

under CERCLA.

m. Signing or obtaining signature on decision documents for corrective actions related to 

cleanup under applicable state laws, regulations and programs.

n. Signing the installation's Environmental Baseline Survey.

o. Signing uncontaminated parcel determinations under CERFA.

p. Providing input to the Finding of Suitability to Lease (FOSL) and Finding Of Suitability 

to Transfer (FOST).

q. Establishing and maintaining the Administrative Record and Participation Procedures 

required under CERCLA and administrative records of all actions taken with regard to 

the cleanup of the installation.

r. Maintaining an awareness of the status of site activities and intervening as warranted to 

ensure expeditious project completions.

s. Maintain involvement in the National Environmental Policy Act (NEPA) process for the 

installation to ensure coordination with the cleanup process.

t. Certifying construction requested by lessee will not interfere with the environmental 

cleanup program.

V. ISSUES RESOLUTION

Issues affecting the execution of environmental cleanup programs should be resolved at the BCT level. For 

sites with existing FFAs, IAGs, or other agreements, orders, or decrees, issues which cannot be resolved by the 

BCT will be handled in accordance with existing dispute resolution procedures. For sites covered under the 

Defense - State Memorandum of Agreement (DSMOA) program without other agreements, orders, or decrees 

in place, disagreements will be resolved through the Dispute Resolution provision in the DSMOA. Where 

disputes arise at sites without any dispute resolution procedures in place, resolution will be made at the 

Component Deputy Assistant Secretary level.
Guidance and Policies on Fast Track Cleanup at Closing Installations

F-10 December 1997

DoD GUIDANCE ON ACCELERATING

THE NEPA ANALYSIS PROCESS

FOR BASE DISPOSAL DECISIONS

I. PURPOSE

This guidance implements the President's plan to expedite the disposal of closing military bases by directing 

that all documents required by the National Environmental Policy Act (NEPA) of 1969 be completed, to the 

extent practicable, within 12 months of receipt of a Local Redevelopment Authority's (LRA) final reuse plan. 

It requires expedited production of an early, high-quality environmental analysis which will be useful in the 

LRA's ongoing planning efforts as well as in the Department of Defense (DoD) Component's property disposal 

decision making, thus expediting Component disposal decisions, the productive reuse of the property, and the 

economic redevelopment of the community. This analysis may also be used to support DoD Component 

decisions on interim outleasing of parcels for early reuse and other actions supporting conversion of the 

installation to civilian reuse.

II. APPLICABILITY AND SCOPE

This policy applies to all DoD installations being closed or realigned pursuant to the Defense Authorization 

Amendments and Base Closure and Realignment Act (BRAC 88), P.L. 100-526, or the Defense Base Closure 

and Realignment Act of 1990 (DBCRA), P.L. 101-510, as amended. The policy's scope includes all 

environmental analyses required under NEPA to support DoD Component decisions on disposition of BRAC 

property.

III. POLICY

It is DoD policy that DoD Components responsible for making decisions on disposal and reuse of installations 

pursuant to the Base Closure statutes will implement measures to assure that all environmental analyses 

required by NEPA be completed, to the extent practicable, within 12 months of the date the LRA involved 

submits its final reuse plan. Except in exceptional circumstances, a single NEPA analysis will be prepared to 

support decisions regarding disposal alternatives and probable reuse of the installation. 

IV. PROCEDURES AND RESPONSIBILITIES

A. Procedures

1. Every effort should be made by the DoD Office of Economic Adjustment (OEA) and the DoD 

Components to aid and encourage the LRA to arrive at a "final" suitable reuse plan at an early stage. 

An LRA's reuse plan is considered "final" when officially adopted by the LRA.

2. The LRA's reuse plan, if available and to the extent legally permissible, will be a primary factor in the 

development of the proposed action, reasonable alternatives, and effects analysis in the DoD 

Component's NEPA process for the disposal action. Using the reuse plan in this manner will meet the 

requirement of law that the reuse plan be treated as part of the proposed federal action. The DoD 

Component will alert the LRA to potential environmental problems and cooperatively seek any 

necessary modification to the reuse plan. The DoD Component's obligation under NEPA is to evaluate 

the proposed action and reasonable alternatives for the disposal and reuse of BRAC property.

3. Where an EIS is required, DoD Components will assure that the formal EIS process is initiated so that 

it can be completed consistent with the timetable developed for property disposal. Gathering data and 

conducting background analysis for the likely disposal scenarios for the property should begin as early 

as possible.
DoD Base Reuse Implementation Manual

December 1997 F-11

This early data development should be combined with other ongoing processes supporting property 

disposal actions, such as the preparation of Environmental Baseline Surveys. Likewise, other 

environmental studies undertaken to support the EIS process, such as those regarding wetlands 

determinations, threatened and endangered species, and cultural or historic resources, should be 

commenced at this early stage to assure timely compliance with the applicable regulatory 

requirements.

4. Advance data development could begin even before the publication in the Federal Register of the 

Notice of Intent (NOI) to produce the EIS. This advance data development will require allocation of 

sufficient staff, contracting support, and other necessary resources.

5. Data development will continue after publication of the NOI in the Federal Register and will be 

conducted with the participation of the LRA and other appropriate agencies. Data developed in the 

early stages of the NEPA process will be provided to the LRA to aid in finalization of its reuse plan.

6. In the event that the LRA does not submit a reuse plan by the time the DoD Component needs to 

initiate the NEPA analysis necessary to support a disposition decision for the property, the DoD 

Component will begin preparation of its NEPA analysis using reasonable assumptions as to the likely 

reuse scenario and its reasonable alternatives.

Reuse assumptions may be based upon such factors as the DoD component's evaluation of the highest 

and best use of the property; existing use of the facilities; local zoning; specific proposals or plans for 

the reuse of all or parts of the installation; limitations based on environmental factors such as 

contamination, cultural and historic resources, wetlands, endangered species; results of the Federal 

agencies' screening process; proposals from public benefit transfer applicants or sponsoring agencies; 

and prior experience in disposal and reuse actions at similar installations.

7. If no final reuse plan is submitted by the LRA before the final NEPA document is completed, the DoD 

Component will complete its NEPA process and issue a Finding of No Significant Impact (FONSI) or 

Record of Decision (ROD)in the absence of a final reuse plan. In the event that a final reuse plan is 

submitted after the FONSI or ROD but prior to transfer of title to the property, the DoD Component 

will determine whether the environmental impacts of the land uses identified in the reuse plan are 

adequately addressed in the completed NEPA document.

Where those impacts are adequately addressed, the DoD component need take no further action under 

NEPA. Where those impacts are not adequately addressed, the DoD component will prepare any 

additional analysis required to comply with law or regulation.

8. To the greatest extent practicable, DoD Components shall ensure that all NEPA documentation 

prepared in support of disposal decisions includes an analysis of whether the disposal and reuse result 

in any disproportionately high and adverse human health and environmental effects on minority and 

low income populations. This requirement is in accordance with Executive Order 12898, "Federal 

Actions to Address Environmental Justice in Minority Populations and Low Income Populations."

B. Responsibilities

The Secretaries of the Military Departments and Director of the Defense Logistics Agency, through their 

organizations, shall be responsible for:

1. Delegating authority and responsibility to the lowest level(s) to achieve timely, effective NEPA 

analyses.
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F-12 December 1997

2. Ensuring sufficient resources are available to initiate and complete the NEPA analysis.

3. Ensuring DoD Base Transition Coordinators (BTC) and BRAC Environmental Coordinators (BEC) 

are involved in the NEPA analysis process for their installations.

4. Establishing adequate procedures to provide information on the NEPA analysis process and actions so 

as to permit meaningful community and public participation in the process.
DoD Base Reuse Implementation Manual

December 1997 F-13

DOD GUIDANCE ON IMPROVING PUBLIC

INVOLVEMENT IN ENVIRONMENTAL

CLEANUP AT CLOSING BASES

I. PURPOSE

This guidance implements the President's plan to expedite the closure and reuse of closing military bases. This 

guidance directs the Components to involve the community near a closing base in the cleanup program by 

making information available, providing opportunities for comment, and establishing and seeking public 

participation on a Restoration Advisory Board (RAB).

II. APPLICABILITY AND SCOPE

This guidance applies to all Department of Defense (DoD) bases being closed or realigned pursuant to the 

Base Closure and Realignment Act of 1988 (P.L. 100-526) (BRAC 88) or the Defense Base Closure and 

Realignment Act of 1990 (P.L. 101-510) (BRAC 91, 93 and 95) and where property will be available for 

transfer to the community. The policy explains DoD intent in establishment of RABs, fundamental 

responsibilities of the RAB, and procedures for the RAB.

III. POLICY

It is DoD policy to:

A. Be open, cooperative and forthright with the public concerning environmental cleanup activities and to 

make information on program activities available in a timely manner.

B. Provide opportunities for and encourage public comment on documents and proposed activities and to be 

responsive to comments.

C. Establish a RAB at closing and realigning bases where property will be available for transfer to the 

community. The RAB will work in partnership with the Base Realignment and Closure (BRAC) Cleanup 

Team (BCT) on cleanup issues and related matters. Through the RAB, stakeholders may review progress 

and provide input to the decision making process. BRAC installations not transferring property to the 

community should follow the same guidelines for establishing RABs as operational bases.

IV. PROCEDURES AND RESPONSIBILITIES

A. PROCEDURES

1. A RAB will be established at each closing and realigning base where property will be available for 

transfer to the community. The RAB will:

a. be comprised of DoD Component, United States Environmental Protection Agency (EPA) and 

state representatives and members of the local community;

b. be jointly chaired by a DoD Component representative (the BRAC Environmental Coordinator 

[BEC]) and a member of the local community;

c. meet the requirements of 10 USC Section 2705 (c), Department of Defense Environmental 

Restoration Program, which directs DoD to establish Technical Review Committees (TRC). 

Where TRCs or other similar groups already exist, they shall be expanded or modified to become 

RABs, rather than creating a separate committee.
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F-14 December 1997

2. The DoD Components will seek to include on the RAB members who eflect diverse interests within 

the community (e.g. the Local Redevelopment Authority, representatives of citizen, environmental 

and public interest groups; local government and individual community members). The membership 

selection process will be conducted in a fair and open manner, ideally by a community selection 

panel. The DoD Components should accept the panels nominations unless it determines that the 

nominees would not reflect the full range of views within the community.

3. A point-of-contact for cleanup information shall be identified at the installation level (normally the 

BEC). A second point-of-contact (e.g., at higher headquarters) to resolve problems in obtaining 

information shall also be identified.

4. Information on cleanup activities, such as draft and final technical documents, proposed and final 

plans, status reports, etc., will be provided to the RAB and made available to the public in a timely 

manner. Public comments will be actively solicited and considered before documents are finalized.

5. Vehicles for disseminating information such as public meetings, bulletins, and central repositories 

shall be identified and used consistently.

B. RESPONSIBILITIES

1. The DoD Components shall:

a. Ensure that the policies stated in this memorandum are implemented by their respective 

organizations;

b. Ensure that administrative support is available to establish RABs and conduct public outreach;

c. Conduct oversight of public outreach activities.

d. Ensure that:

i. community relations plans are developed or revised to reflect these policies;

ii. RABs are established expeditiously and that their inputs are fully considered in decision 

making in the cleanup program; and

iii. installation public affairs staff are involved in public outreach activities of the cleanup 

program.

2. The RAB will:

a. act as a forum for discussion and exchange of cleanup information between Government 

agencies and the public;

b. conduct regular meetings, open to the public, at convenient times;

c. keep meeting minutes and make them available to the public;

d. develop and maintain a mailing list of names and addresses of stakeholders who wish to receive 

information on the cleanup program;
DoD Base Reuse Implementation Manual

December 1997 F-15

e. review and evaluate documents;

f. identify project requirements;

g. recommend priorities among sites or projects;

h. identify applicable standards and, consistent with Section 121 of the Comprehensive 

Environmental Response, Compensation, and Liability Act (CERCLA), propose remedies 

consistent with planned land use.
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F-16 December 1997

DOD POLICY ON THE ENVIRONMENTAL

REVIEW PROCESS TO REACH A

FINDING OF SUITABILITY TO LEASE (FOSL)

I. PURPOSE

This policy provides guidance to Department of Defense (DoD) Components on the process to identify and 

document parcels of real property made available through the Base Realignment and Closure (BRAC) process 

and which are environmentally suitable for outlease. The DoD Components may develop implementing 

procedures containing additional requirements based on their own specific organizational needs and unique 

requirements but which will, at a minimum, include, but not conflict with, the following documentation and 

procedures.

II. APPLICABILITY AND SCOPE

This policy applies to all DoD installations slated for closure or realignment pursuant to the Base Closure and 

Realignment Act Of 1988 (P.L. 100-526) (BRAC 88) or the Defense Base Closure and Realignment Act of 

1990 (P.L. 101-510) (BRAC 91, 93, and 95) and on which property is being considered for outlease. This 

policy is effective immediately. The procedures contained in this policy are not required for easements licenses 

and permits for use of real property, unless deemed necessary by the DoD Component. Nothing in this policy 

affects any requirement to comply with the National Environmental Policy Act (NEPA). The policy meets the 

following objectives:

A. Ensure protection of human health and the environment.

B. Develop a DoD-wide process to assess, determine and document the environmental suitability of 

properties (parcels) for outlease.

C. Ensure outleases of properties do not interfere with environmental restoration schedules and activities 

being conducted under the provisions of law or regulatory agreements.

D. Ensure compliance with all applicable environmental requirements and establish the basis for the DoD 

Components to make notifications to lessees regarding hazardous substances (including asbestos and any 

substance regulated under CERCLA, RCRA or state law) and petroleum products (including their 

derivatives, such as aviation fuel and motor oil) potentially on the property.

E. Provide adequate public and regulatory participation.

III. POLICY

A. Requirement for Assessment, Determination and Documentation of Properties Suitable for Outlease 

In the case of real property to which this policy applies, the head of the DoD Component with 

accountability over the property, or his/her designated representative, shall assess, determine and document 

when properties are suitable for outleasing. This assessment and determination will be based on an 

Environmental Baseline Survey (EBS) and will be documented in a Finding of Suitability to Lease (FOSL) 

as described below.

B. Investigation

1. Environmental Baseline Survey (EBS). An EBS will be prepared encompassing any parcel to be 

outleased. The EBS will be based on all existing environmental information related to storage, release, 
DoD Base Reuse Implementation Manual

December 1997 F-17

treatment or disposal of hazardous substances or petroleum products on the property to determine or 

discover the obviousness of the presence or likely presence of a release or threatened release of any 

hazardous substance or petroleum product. In certain cases, additional data, including sampling and 

analysis, may be needed in the EBS to support the FOSL determination.

A previously conducted EBS may be updated as necessary and used for making a FOSL determination, 

where appropriate. An EBS also may satisfy other environmental requirements (e.g., to reach a Finding 

of Suitability to Transfer [FOST] or meet the uncontaminated parcel identification requirements of the 

Community Environmental Response Facilitation Act [CERFA]).

2. Procedures for Conducting an EBS. The EBS will consider all sources of available information 

concerning environmentally significant current and past uses of the real property and shall, at a 

minimum, consist of the following:

a. Detailed search and review of available information and records in the possession of the DoD 

Components and records made available by the regulatory agencies or other involved Federal 

agencies. DoD Components are responsible for requesting and making reasonable inquiry into the 

existence and availability of relevant information and records to include any additional study 

information (e.g., surveys for asbestos, radon, lead-based paint, transformers containing PCB, 

Resource Conservation and Recovery Act Facility Assessments and Investigations [RFA and RFI]) to 

determine what, if any, hazardous substances or petroleum products may be present on the property.

b. Review of all reasonably obtainable Federal, state, and local government records for each adjacent 

facility where there has been a release of any hazardous substance or any petroleum product, and 

which is likely to cause or contribute to a release or threatened release of any hazardous substance or 

any petroleum product on the real property.

c. Analysis of aerial photographs that may reflect prior uses of the property which are in the possession 

of the Federal Government or are reasonably obtainable through state or local government agencies.

d. Interviews with current and/or former employees involved in operations on the real property.

e. Visual inspections of the real property; any buildings, structures, equipment, pipe, pipeline, or other 

improvements on the real property; and of properties immediately adjacent to the real property, 

noting sewer lines, runoff patterns, evidence of environmental impacts (e.g., stained soil, stressed 

vegetation, dead or ill wildlife) and other observations which indicate actual or potential release of 

hazardous substances or petroleum products.

f. Identification of sources of contamination on the installation and on adjacent properties which could 

migrate to the parcel during the lease term.

g. Ongoing response actions or actions that have been taken at or adjacent to the parcel.

h. A physical inspection of property adjacent to the real property, to the extent permitted by owners or 

operators of such property.

i. Sampling, if the circumstances deem appropriate.

Note: For the purposes of paragraphs b, e, f, g, & h above, "adjacent properties" should be defined as either 

those properties contiguous to the boundaries of the property being surveyed or other nearby properties. 

In either case, the survey should be addressed to those portions of the properties relatively near the 
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F-18 December 1997

installation that would pose significant environmental concern and/or have a significant impact on the 

results of the EBS.

3. Documentation of an EBS. At the completion of the EBS, a report will be prepared which will include 

the following:

a. An Executive Summary briefly stating the areas of real property (or parcels) evaluated and the 

conclusions of the survey.

b. The property identification (e.g., address, assessor parcel number, legal description).

c. Any relevant information obtained from a detailed search of Federal Government records pertaining 

to the property, including available maps.

d. Any relevant information obtained from a review of the recorded chain of title documents regarding 

the real property. The review should address those prior ownerships/uses that could reasonably have 

contributed to an environmental concern, and, at a minimum, cover the preceding 60 years.

e. A description of past and current activities, including all past and current DoD and non-DoD uses to 

the extent such information is reasonably available, on the property and on adjacent properties.

f. A description of hazardous substances or petroleum products management practices (to include 

storage, release, treatment or disposal) at the property and at adjacent properties.

g. Any relevant information obtained from records reviews and visual and physical inspections of 

adjacent properties.

h. Description of ongoing response actions or actions that have been taken at or adjacent to the 

property.

i. An evaluation of the environmental suitability of the property for lease for the intended purpose, if 

known, including the basis for the determination of such suitability.

j. Reference to key documents examined (e.g., aerial photographs, spill incident reports, investigation 

results). (The documents will be made available by DoD upon request to DoD.)

C. Finding of Suitability to Lease (FOSL)

After completion and review of the EBS and any appropriate local community reuse plans, the DoD 

Component Official will sign a FOSL once a determination that the property is suitable to lease for the 

intended purpose has been made based on one of the following:

1. Hazardous substance notice need not be given because no hazardous substances or petroleum products 

were stored for one year or more, known to have been released, treated or disposed of on the parcel;

2. Hazardous substance notice will be given of the type and quantity of hazardous substances or 

petroleum products, and the time at which storage for one year or more, release, treatment or disposal 

took place, but the property is not now contaminated with hazardous substances or petroleum 

products (e.g., storage for one year or more but no release, a release has occurred but no response 

action is required, or a response action has been completed); or
DoD Base Reuse Implementation Manual

December 1997 F-19

3. The property contains some level of contamination by hazardous substances or petroleum products, 

and hazardous substance notice, will be given the type and quantity of such hazardous substances or 

petroleum products, and the time at which storage for one year or more, release, treatment or disposal 

took place. However, this property can be used pursuant to the proposed lease, with the specified use 

restrictions in the lease, with acceptable risk to human health or the environment and without 

interference with the environmental restoration process. (The specific lease restrictions on the use of 

the parcel to protect human health and the environment and the environmental restoration process 

will be listed in the FOSL.)

IV. PROCEDURES AND RESPONSIBILITIES

A. Regulatory agencies will be notified at the initiation of the EBS and the FOSL. The process of 

development of these documents will be designed to assure that regulators are provided adequate 

opportunity to express their views. Regulators will be provided with workable draft documents as they 

become available.

Regulatory comments received during the development of these documents will be reviewed and 

incorporated as appropriate. Any unresolved regulatory comments will be included as attachments to the 

EBS or the FOSL.

B. As required by CERCLA Section 120(h)(5), DoD shall notify the state prior to entering into any lease that 

will encumber the property beyond the date of termination of DoD's operations. These notifications shall 

include the length of lease, the name of lessee, and a description of the uses that will be allowed under the 

lease of the property. At National Priorities List (NPL) sites, DoD shall provide this notification to the 

United States Environmental Protection Agency (EPA) as well.

C. The DoD Components will provide public notice of signing the FOSL; will retain the signed FOSL, 

including all regulatory comments and responses on the EBS and/or FOSL, in the transaction file (and the 

Administrative Record, where applicable); and will make the FOSL available to the public upon request.

D. The EBS and the FOSL will be provided to each lessee prior to execution of the lease.

E. Conditions will be included in the lease to ensure:

1. Notification of the existence of a Federal Facility Agreement (FFA), Interagency Agreement (IAG), or 

other regulatory agreements, orders or decrees for environmental restoration (e.g., RCRA/HSWA 

permit), if any. Terms of the lease shall not affect the rights and obligations of parties under the FFA, 

IAG, or other regulatory agreements, orders, or decrees.

2. Environmental investigations and response oversight and activities will not be disrupted. Such 

conditions will include, but are not limited to:

a. providing for continued access for DoD and regulatory agencies to perform investigations as 

required on, or adjacent to, the real property, to monitor the effectiveness of the cleanup as 

required, to perform five-year reviews as required, and/or to take additional remedial or removal

actions as required. At a minimum, such rights shall include all rights existing under the FFA.

b. ensuring that the proposed use will not disrupt remediation activities.

3. Human health and the environment are protected by preventing the inappropriate use of the property.

4. Compliance with health and safety plans.
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F-20 December 1997

5. Subsequent transactions involving the property shall include such provisions.

F. The attached model lease provisions will be included in all outleases and subleases, unless determined not 

to be appropriate by the DoD Component in consultation with the appropriate EPA or state representative. 

This determination will be documented by the DoD Component.

G. Leases will provide that both the EBS and restrictive conditions in the lease, dealing with environmental 

requirements limiting use, will also be included in subleases as they occur. Copies of all subleases will be 

provided to the DoD Components with jurisdiction over the parcel, retained in the transaction file and 

made available to the public upon request.

H. When the protection of human health and the environment requires substantial limitations on the use of a 

parcel proposed for lease; those limitations shall be described in the FOSL and, when requested in 

reference to a particular property or lease, the military service shall provide the regulators with a copy of 

the signed lease which implements such parcel specific restrictions.

I. Amendments, renewals or extensions of leases shall not require a new EBS or FOSL, or an updating of 

them, unless the leased premises change substantially or the permitted uses of them are to change in 

environmentally-significant ways.
DoD Base Reuse Implementation Manual

December 1997 F-21

ATTACHMENT

MODEL LEASE PROVISIONS

NOTE: [ ] Indicates the need for lease specific information (e.g., installation name)

ENVIRONMENTAL PROTECTION

1. The sole purpose(s) for which the leased premises and any improvements thereon may be used, in the absence 

of prior written approval of the Government for any other use, [insert intended use of the leased premises].

2. The Lessee shall neither transfer nor assign this Lease or any interest therein or any property on the leased 

premises, nor sublet the leased premises or any part thereof or any property thereon, nor grant any interest, 

privilege, or license whatsoever in connection with this Lease without the priori written consent of the 

Government. Such consent shall not be unreasonably withheld or delayed. Every sublease shall contain the 

Environmental Protection provisions herein.

3. The Lessee and any sublessee shall comply with the applicable Federal, state, and local laws, regulations, and 

standards that are or may become applicable to Lessee's activities on the Leased Premises.

4. The Lessee and any sublessee shall be solely responsible for obtaining at its cost and expense any 

environmental permits required for its operations under the Lease, independent of any existing permits.

5. The Government's rights under this Lease specifically include the right for Government officials to inspect 

upon reasonable notice the Leased Premises for compliance with environmental, safety, and occupational 

health laws and regulations, whether or not the Government is responsible for enforcing them. Such 

inspections are without prejudice to the right of duly constituted enforcement officials to make such 

inspections. The Government normally will give the Lessee or sublessee twenty-four (24) hours prior notice of 

its intention to enter the Leased Premises unless it determines the entry is required for safety, environmental, 

operations, or security purposes. The Lessee shall have no claim on account of any entries against the United 

States or any officer, agent, employee, or contractor thereof.

NOTE: USE THE FOLLOWING PROVISION 6. IF THE LEASED PROPERTY IS PART OF A NATIONAL 

PRIORITIES LIST (NPL) SITE; ADAPT TO CLEANUP AGREEMENTS TO SUIT CLEANUPS UNDER 

STATE AUTHORITIES (E.G., A NON-NPL SITE).

6. The Government acknowledges that [insert name of military installation] has been identified as a National 

Priority List (NPL) Site under the Comprehensive Environmental Response, Compensation and Liability Act 

(CERCLA) of 1980, as amended. The Lessee acknowledges that the Government has provided it with a copy 

of the [insert name of military installation] Federal Facility Agreement (FFA) entered into by the United States 

Environmental Protection Agency (EPA) Region [insert number], the state of [insert name of state], and the 

Military Department and effective on [insert date], and will provide the Lessee with a copy of nay amendments 

thereto. The Lessee agrees that should any conflict arise between the terms of such agreement as it presently 

exists or may be amended ("FFA," "Interagency Agreement" or "IAG") and the provisions of this Lease, the 

terms of the FFA or IAG will take precedence. The Lessee further agrees that notwithstanding any other 

provision of the Lease, the Government assumes no liability to the Lessee or its sublessees or licensees should 

implementation of the FFA interfere with the Lessee's or any sublessee's or licensee's use of the Leased 

Premises. The Lessee shall have no claim on account of any such interference against the United States or any 

officer, agent, employee or contractor thereof, other than for abatement of rent.

NOTE: USE THE FOLLOWING PROVISION 7. IF A FEDERAL FACILITIES AGREEMENT (FFA) OR 

INTERAGENCY AGREEMENT (IAG) APPLIES TO THE PROPERTY BEING LEASED (E.G., AN NPL SITE)
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F-22 December 1997

7. The Government, EPA, and the [insert name of state agency] and their officers, agents, employees, 

contractors, and subcontractors have the right, upon reasonable notice to the Lessee and any sublessee, to enter 

upon the Leased Premises for the purposes enumerated in this subparagraph and for such other purposes 

consistent with any provision of the FFA:

(a) to conduct investigations and surveys, including, where necessary, drilling, soil and water sampling, testpitting, testing soil borings and other activities related to the [insert name of military installation] 

Installation Restoration Program (IRP), FFA or IAG;

(b) to inspect field activities of the Government and its contractors and subcontractors in implementing the 

[insert name of military installation] IRP, FFA, or IAG;

(c) to conduct any test or survey required by the EPA or [insert name of state agency] relating to the 

implementation of the FFA or environmental conditions at the Leased Premises or to verify any data 

submitted to the EPA or [insert name of state agency] by the Government relating to such conditions;

(d) to construct, operate, maintain or undertake any other response or remedial action as required or necessary 

under the [insert name of military installation] IRP or the FFA or IAG, including, but not limited to 

monitoring wells, pumping wells and treatment facilities.

NOTE: USE THE FOLLOWING ALTERNATE PROVISION 7. IF THE INSTALLATION RESTORATION 

PROGRAM (IRP) OR OTHER ENVIRONMENTAL INVESTIGATION APPLIES TO THE PROPERTY BEING 

LEASED (E.G., A NON-NPL SITE)

7. The Government and its officers, agents, employees, contractors, and subcontractors have the right, upon 

reasonable notice to the Lessee and any sublessee, to enter upon the Leased Premises for the purposes 

enumerated in this subparagraph:

(a) to conduct investigations and surveys, including, where necessary, drilling, soil and water sampling, testpitting, testing soil borings and other activities related to the [insert name of military installation] 

Installation Restoration Program (IRP);

(b) to inspect field activities of the Government and its contractors and subcontractors in implementing the 

[insert name of military installation] IRP;

(c) to conduct any test or survey relating to the implementation of the IRP or environmental conditions at the 

Leased Premises or to verify any data submitted to the EPA or [insert name of state agency] by the 

Government relating to such conditions;

(d) to construct, operate, maintain or undertake any other response or remedial action as required or necessary 

under the [insert name of military installation] IRP, including, but not limited to monitoring wells, 

pumping wells and treatment facilities.

8. The Lessee agrees to comply with the provisions of any health or safety plan in effect under the IRP or the 

FFA during the course of any of the above described response or remedial actions. Any inspection, survey, 

investigation, or other response or remedial action will, to the extent practicable, be coordinated with 

representatives designated by the Lessee and any sublessee. The Lessee and sublessees shall have no claim on 

account of such entries against the United States or any officer, agent, employee, contractor, or subcontractor 

thereof. In addition, the lessee shall comply with all applicable Federal, state and local occupational safety and 

health regulations.
DoD Base Reuse Implementation Manual

December 1997 F-23

9. The Lessee further agrees that in the event of any assignment or sublease of the Leased Premises, it shall 

provide to the EPA and [insert name of state agency] by certified mail a copy of the agreement or sublease of 

the Leased Premises (as the case may be) within fourteen (14) days after the effective date of such transaction. 

The Lessee may delete the financial terms and any other proprietary information from the copy of any 

agreement of assignment or sublease furnished pursuant to this provision.

10. The Lessee shall strictly comply with the hazardous waste permit requirements under the Resource 

Conservation and Recovery Act, or its [insert state name] equivalent. Except as specifically authorized by the 

Government in writing, the Lessee must provide at its own expense such hazardous waste management 

facilities, complying with all laws and regulations. Government hazardous waste management facilities will 

not be available to the Lessee. Any violation of the requirements of this condition shall be deemed a material 

breach of this Lease.

11. DoD Component accumulation points for hazardous and other wastes will not be used by the Lessee or any 

sublessee. Neither will the Lessee or sublessee permit its hazardous wastes to be commingled with hazardous 

waste of the DoD Component.

12. The Lessee shall have a Government approved plan for responding to hazardous waste, fuel, and other 

chemical spills prior to commencement of operations on the leased premises. Such plan shall be independent 

of [insert name of installation] and, except for initial fire response and/or spill containment, shall not rely on 

use of installation personnel or equipment. Should the Government provide any personnel or equipment, 

whether for initial fire response and/or spill containment, or otherwise on request of the said officer 

conducting timely cleanup actions, the Lessee agrees to reimburse the Government for its costs.

13. The Lessee shall not construct or make or permit its sublessees or assigns to construct or make any substantial 

alterations, additions, or improvements to or installations upon or otherwise modify or alter the leased 

premises in any way which may adversely affect the cleanup, human health, or the environmental without the 

prior written consent of the Government. Such consent may include a requirement to provide the Government 

with a performance and payment bond satisfactory to it in all respects and other requirements deemed 

necessary to protect the interests of the Government. For construction or alterations, additions, modifications, 

improvements or installations (collectively "work") in the proximity of operable unit that are part of a National 

Priority List (NPL) Site, such consent may include a requirement for written approval by the Government's 

Remedial Project Manager. Except as such written approval shall expressly provide otherwise, all such 

approved alterations, additions, modifications, improvements and installations shall become Government 

property when annexed to the leased premises.

14. The Lessee shall not conduct or permit its sublessees to conduct and subsurface excavation, digging, drilling or 

other disturbance of the surface without the prior written approval of the Government.

15. The Lessee shall strictly comply with the hazardous waste permit requirements under the Resource 

Conservation Act (RCRA), or its state equivalent and any other applicable laws, rules or regulations. The 

Lessee must provide at its own expense such hazardous waste storage facilities which comply with all laws and 

regulations as it may need for such storage. Any violation of the requirements of this provision shall be 

deemed a material breach of this Lease.
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F-24 December 1997

DOD POLICY ON THE IMPLEMENTATION OF THE

COMMUNITY ENVIRONMENTAL RESPONSE FACILITATION ACT (CERFA)

I. PURPOSE

This policy provides guidance to the Department of Defense (DoD) Components on implementing the 

Community Environmental Response Facilitation Act (CERFA), Public Law 102-425, October 19, 1992, as it 

amends Section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act 

(CERCLA) of 1980 (42 U.S.C. Section 9620(h)) for identifying and documenting all uncontaminated real 

property, or parcels thereof, at installations undergoing closure or realignment. The DoD Components may 

develop implementing procedures containing additional requirements based on their own specific 

organizational needs and unique requirements but which will, at a minimum, include, but not conflict with, 

the following documentation and procedures. Nothing in this policy shall affect, preclude, or otherwise impair 

the termination of DoD operations on real property owned by the United States.

II. APPLICABILITY AND SCOPE

A. Applicability

This policy applies to the identification and documentation of uncontaminated real property controlled by 

the DoD Components where DoD plans to make excess property available for reuse pursuant to a base 

closure law. Uncontaminated property is defined as any real property on which no hazardous substances 

and no petroleum products or their derivatives, including aviation fuel and motor oil, were stored for one 

year or more, known to have been released, or disposed of. For purposes of this policy, the term "base 

closure law" includes the following:

1. Title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public 

Law 100-526; 10 U.S.C. Section 2687 note).

2. The Defense Base Closure and Realignment Act of 1990 (Part A of Title XXIX of Public Law 

101-510; 10 U.S.C. Section 2687 note)

3. Section 2687 of Title 10, United States Code.

4. Any provision of law authorizing the closure or realignment of a military installation enacted on or 

after the date of enactment of CERFA.

B. Scope

The policy's scope intends to meet the following objectives:

1. Ensure protection of human health and the environment.

2. Develop a DoD-wide process to assess, determine and document properties (parcels) which can be 

considered "uncontaminated" as defined above and in CERFA.

3. Ensure appropriate consultation with the public and coordination with and concurrence of regulatory 

agencies without unduly encumbering DoD's authority and mandate to make property available for 

reuse in a timely manner.

III. POLICY
DoD Base Reuse Implementation Manual

December 1997 F-25

A. Requirement for Assessment, Determination and Documentation of Uncontaminated Property

In the case of real property to which this policy applies, the head of the DoD Component with 

accountability over the property, or his/her designated representative, shall assess, determine and 

document the real property, or parcels thereof, that can be considered as "uncontaminated" as defined 

above and in CERFA. This assessment and determination will be based on an Environmental Baseline 

Survey (EBS) as described below.

B. Investigation

1. Environmental Baseline Survey (EBS). An EBS will be prepared for each installation being closed or 

realigned. The EBS will be based on all existing environmental information related to storage, 

release, treatment or disposal of hazardous substances or petroleum products on the property to 

determine or discover the obviousness of the presence or likely presence of a release or threatened 

release of any hazardous substance or petroleum product. In certain cases, additional data, including 

sampling and analysis, may be needed in the EBS to support the determination.

A previously conducted EBS may be updated as necessary and used for making a CERFA 

determination, where appropriate. An EBS also can satisfy other environmental requirements (e.g., to 

reach a Finding of Suitability to Lease [FOSL] or Finding of Suitability to Transfer [FOST]).

2. Procedures for Conducting an EBS. The EBS will consider all sources of available information 

concerning environmentally significant current and past uses of the real property and shall, as a 

minimum, consist of the following:

a. Detailed search and review of available information and records in the possession of the DoD 

Components and records made available by the regulatory agencies or other involved Federal 

agencies. DoD Components are responsible for requesting and making reasonable inquiry into 

the existence and availability of relevant information and records to include any additional study 

information (e.g., surveys for asbestos, radon, lead-based paint, transformers containing PCB, 

Resource Conservation and Recovery Act Facility Assessments and Investigations [RFA & RFI]) 

to determine what, if any, hazardous substances or petroleum products may be present on the 

property.

NOTE: The presence of some of the above noted conditions (e.g., non-friable asbestos) should not 

preclude a CERFA determination of "uncontaminated." However, their presence and any 

required protective actions should be identified and addressed.

b. Review of all reasonably obtainable Federal, state, and local government records for each 

adjacent facility where there has been a release of any hazardous substance or any petroleum 

product, and which is likely to cause or contribute to a release or threatened release of any 

hazardous substance or any petroleum product on the real property.

c. Analysis of aerial photographs that may reflect prior uses of the property which are in the 

possession of the Federal Government or are reasonably obtainable through state or local 

government agencies.

d. Interviews with current and/or former employees involved in operations on the real property.

e. Visual inspections of the real property; any buildings, structures, equipment, pipe, pipeline, or 

other improvements on the real property; and of properties immediately adjacent to the real 

property, noting sewer lines, runoff patterns, evidence of environmental impacts (e.g., stained 
Guidance and Policies on Fast Track Cleanup at Closing Installations

F-26 December 1997

soil, stressed vegetation, dead or ill wildlife) and other observations which indicate actual or 

potential release of hazardous substances or petroleum products.

f. Identification of sources of contamination on the installation and on adjacent properties which 

could migrate to the parcel.

g. Ongoing response actions or actions that have been taken at or adjacent to the property.

h. A physical inspection of property adjacent to the real property, to the extent permitted by owners 

or operators of such property.

i. Sampling, if the circumstances deem appropriate.

NOTE: For the purposes of paragraphs b, e, f, g & h above, "adjacent properties" should be defined as 

either those properties contiguous to the boundaries of the property being surveyed or other 

nearby properties. In either case, the survey should be addressed to those portions of the 

properties relatively near the installation that could pose significant environmental concern 

and/or have a significant impact on the results of the EBS.

3. Documentation of an EBS. At the completion of the EBS, a report will be prepared which will include 

the following:

a. An Executive Summary briefly stating the areas of real property evaluated and the conclusions of 

the survey.

b. The property identification (e.g., address, assessor parcel number, legal description).

c. Any relevant information obtained from a detailed search of Federal Government records 

pertaining to the property, including available maps.

d. Any relevant information obtained from a review of the recorded chain of title documents 

regarding the real property. The review should address those prior ownerships/uses that could 

reasonably have contributed to an environmental concern, and, at a minimum, cover the 

preceding 60 years.

e. A description of past and current activities, including all past and current DoD and non-DoD 

uses to the extent such information is reasonably available, on the property and on adjacent 

properties.

f. A description of hazardous substances or petroleum products management practices (to include 

storage, release, treatment or disposal) at the property and at adjacent properties.

g. Any relevant information obtained from records reviews and visual and physical inspections of 

adjacent properties.

h. Description of ongoing response actions or actions that have been taken at or adjacent to the 

property.

i. References to key documents examined (e.g., aerial photographs, spill incident reports, 

investigation results). (The documents will be made available by DoD upon request.)

IV. PROCEDURES AND RESPONSIBILITIES
DoD Base Reuse Implementation Manual

December 1997 F-27

A. Regulatory agencies will be notified at the initiation of the EBS. The process of development of these 

documents will be designed to assure that regulators are provided adequate opportunity to express their 

views. Regulators will be provided with workable draft documents as they become available. Regulatory 

comments received during the development of these documents will be reviewed and incorporated as 

appropriate. Any unresolved regulatory comments will be included as attachments to the EBS.

B. Once completed, the appropriate DoD Component official will review the EBS report and will, in the 

appropriate instance, determine that the property, or some portion of it, is uncontaminated as defined 

above and in CERFA.

C. Once the above required determination has been made, the EBS report and determination will be provided 

immediately to the United States Environmental Protection Agency (EPA) Administrator and state and 

local government officials and made available to the public. In addition, a request for concurrence in such 

determination will be included in the submittal to the appropriate regulatory official. This request for 

concurrence will take place at the earliest possible time, but no later than 120 days prior to the deadlines 

discussed below. Additional supporting documentation will be made available upon request. In the case of 

real property that is part of a facility on the NPL, the appropriate concurring regulatory official will be the 

EPA Administrator or designated representative. In the case of real property that is not part of a facility on 

the NPL, the appropriate regulatory official will be the designated state official. In the case of a 

concurrence which is required from a state official, the concurrence is deemed to be obtained if, within 90 

days after receiving a request for the concurrence, the State official has not acted (by either concurring or 

declining to concur) on the request for concurrence. The DoD Components will address relevant 

comments from regulatory officials that are received within the first 90 days of the 120-days period. Every 

effort will be taken to resolve any conflicts at the installation - regulatory agency level. Unresolved 

comments will be forwarded to the DoD Component's Deputy Assistant Secretary level. The EBS report 

along with regulatory comments, DoD responses to those comments, and signed regulatory concurrence 

will be included in the installation records and, where appropriate, in the Administrative Record.

D. The identification required under paragraph III is not complete until the above concurrence in the results 

of the identification is obtained.

E. For installations described in paragraph II.A. on which operations have been closed or realigned or 

scheduled for closure or realignment pursuant to a base closure law described in paragraphs II.A.1. or 

II.A.2., by the date of enactment of CERFA, the identification and concurrence required above shall be 

made not later than 18 months after such date of enactment. (For installations designated in BRAC 88 or 

BRAC 91, the identification and concurrence process was completed by April 19, 1994 [18 months after 

the CERFA enactment date of October 19, 1992].)

F. For installations described in paragraph II.A. on which operations are closed or realigned or become 

scheduled for closure or realignment pursuant to the base closure law described in paragraph II.A.2. after 

the date of the enactment of CERFA (October 19, 1992), the identification and concurrence required 

above shall be made no later than 18 months after the date by which a joint resolution disapproving the 

closure or realignment of the real property under Section 2904(b) of such base closure law must be 

enacted, and such a joint resolution has not been enacted.

G. For installations described in paragraph II.A. on which operations are closed or realigned pursuant to a 

base closure law described in paragraphs II.A.3. & 4., the identification and concurrence required above 

shall be made not later than 18 months after the date on which the real property is selected for the closure 

or realignment pursuant to such base closure law.
Guidance and Policies on Fast Track Cleanup at Closing Installations

F-28 December 1997

H. The deadline for uncontaminated parcel determinations does not preclude further investigation, after the 

CERFA deadline, to obtain concurrence that a parcel is CERFA uncontaminated. Such identification and 

concurrence shall only be sought if the Component deems it beneficial to property transfer and reuse.
December 1997 F-29

DoD Guidance on the Environmental 

Review Process to Reach a Finding of 

Suitability to Transfer

(1 June 1994)
Guidance on Reaching a Finding of Suitability to Transfer (FOST)

F-30 December 1997
DoD Base Reuse Implementation Manual

December 1997 F-31

DoD GUIDANCE ON THE ENVIRONMENTAL REVIEW PROCESS TO REACH A

FINDING OF SUITABILITY TO TRANSFER (FOST)

FOR PROPERTY WHERE RELEASE OR DISPOSAL HAS OCCURRED

I. PURPOSE.

This policy provides guidance to the Department of Defense (DoD) Components on the necessary process to 

document parcels of real property made available through the Base Realignment and Closure (BRAC) process 

and which are environmentally suitable for transfer by deed under Section 120(h) of the Comprehensive 

Environmental Response, Compensation, and Liability Act (CERCLA) (42 U.S.C. Section 9620(h)). This 

policy does not apply to transfers of property to persons paying the cost of environmental restoration activities 

under the provisions of Section 2908 of the National Defense Authorization Act for FY 94. The DoD 

Components may develop implementation procedures which may contain additional requirements based on 

their own specific needs and unique requirements but will, at a minimum, include the following 

documentation and procedures. This guidance applies to property where release or disposal of hazardous 

substances or petroleum products has occurred and which is being considered for transfer by deed. Nothing in 

this policy negates the requirement to comply with the National Environmental Policy Act (NEPA).

II. APPLICABILITY AND SCOPE.

This policy applies to all DoD installations selected for closure or realignment pursuant to the Base Closure 

and Realignment Act of 1988 (P.L. 100-526) (BRAC 88) or the Defense Base Closure and Realignment Act of 

1990 (P.L. 101-510) (BRAC 91, 93, and 95). The policy’s scope intends to meet the following objectives:

A. Ensure protection of human health and the environment.

B. Develop a DoD-wide process to assess, determine and document the environmental suitability of 

properties for transfer by deed.

C. Ensure transfer of properties by deed does not interfere with response actions being conducted at National 

Priorities List (NPL) sites under the provisions of a Federal Facilities Agreement or at non-NPL sites 

under the provisions of other types of agreements or any corrective action orders.

D. Ensure compliance with all applicable environmental cleanup requirements and allow the DoD 

Component to demonstrate compliance with Section 120(h) of CERCLA before properties are transferred 

by deed.

E. Provide for adequate public and regulatory participation without unduly encumbering the Defense 

Department Components’ authority and mandate to make property available for reuse in a timely manner.

F. Ensure a sufficient environmental review of the real property being considered for transfer is conducted to 

avoid unwarranted risks of future liability.

III. POLICY.

A. Requirement for Assessment, Determination and Documentation of Properties Suitable for Transfer by 

Deed.

In the case of real property to which this policy applies, the head of the DoD Component with 

accountability over the property, or his/her designated representative, shall assess, determine and 

document when properties where release or disposal of hazardous substances or petroleum products has 

occurred are suitable for transfer by deed. This assessment and determination will be based on an 
Guidance on Reaching a Finding of Suitability to Transfer (FOST)

F-32 December 1997

Environmental Baseline Survey (EBS) and will be documented in a Finding of Suitability to Transfer 

(FOST) as described below.

B. Investigation.

1. Environmental Baseline Survey (EBS). An EBS will be prepared encompassing any property to be 

transferred. The EBS will be based on all existing environmental information related to storage, 

release, treatment or disposal of hazardous substances or petroleum products on the property to 

determine or discover the obviousness of the presence or likely presence of a release or threatened 

release of any hazardous substance or petroleum product. In certain cases additional data, including 

sampling, if appropriate under the circumstances, may be needed in the EBS to support the FOST 

determination.

A previously conducted EBS may be updated as necessary and used for making a FOST 

determination, where appropriate. An EBS also may satisfy other environmental requirements (e.g., 

to reach a Finding of Suitability to Lease [FOSL] or satisfy the requirements of the Community 

Environmental Response Facilitation Act [CERFA]).

2. Procedures for Conducting an EBS. The EBS will consider all sources of available information 

concerning all environmentally significant current and past uses of the real property and shall, at a 

minimum, consist of the following:

a. Detailed search and review of available information and records in the possession of the DoD 

Components or records made available by the regulatory agencies or other involved Federal 

agencies. DoD Components are responsible for requesting and making reasonable inquiry into 

the existence and availability of relevant information and records to include any additional study 

information (e.g., surveys for radioactive materials, asbestos, radon, lead-based paint, 

transformers containing PCB, Resource Conservation and Recovery Act Facility Assessments and 

Investigations [RFA and RFI], Underground Storage Tank Cleanup Program) to determine the 

environmental condition of the property.

b. Review of all reasonably obtainable Federal, State, and local government records for each 

adjacent facility where there has been a release of any hazardous substance or any petroleum 

product, and which is likely to cause or contribute to a release or threatened release of any 

hazardous substance or any petroleum product on the real property.

c. Analysis of aerial photographs which are in the possession of the Federal Government or are 

reasonably obtainable through state or local government agencies that may reflect prior uses of 

the real property.

d. Interviews with current and/or former employees involved in operations on the real property.

e. Visual inspections of the real property; any buildings, structures, equipment, pipe, pipeline, or 

other improvements on the real property; and of properties immediately adjacent to the real 

property, noting sewer lines, runoff patterns, evidence of environmental impacts (e.g., stained 

soil, stressed vegetation, dead or ill wildlife) and other observations which indicate actual or 

potential release of hazardous substances or petroleum products.

f. Identification of sources of contamination on the installation and on adjacent properties which 

could migrate to the real property.

g. Ongoing response actions and actions that have been taken at, or adjacent to, the real property.
DoD Base Reuse Implementation Manual

December 1997 F-33

h. A physical inspection of property adjacent to the real property, as appropriate, and to the extent 

permitted by owners or operators of such property.

NOTE: For the purposes of paragraphs b, e, f, g, & h above, “adjacent properties” are defined as either those 

properties contiguous to the boundaries of the property being surveyed or other nearby properties. In 

either case, the survey should be addressed to those portions of the properties relatively near the 

installation that could pose significant environmental concern and/or have a significant impact on the 

results of the EBS.

3. Documentation of an EBS. At the completion of the EBS, a report will be prepared which will 

include the following:

a. An Executive Summary briefly stating the areas of real property (or parcels) evaluated and the 

conclusions of the survey.

b. The property identification (e.g., address, assessor parcel number, legal description).

c. Any relevant information obtained from a detailed search of Federal Government records 

pertaining to the property, including available maps.

d. Any relevant information obtained from a review of the recorded chain of title documents 

regarding the real property. The review should address those prior ownerships/uses that could 

reasonably have contributed to an environmental concern, and, at a minimum, cover the 

preceding 60 years.

e. A description of past and current activities, including all past and current DoD and non-DoD 

uses to the extent such information is reasonably available, on the property and on adjacent 

properties.

f. A description of hazardous substances and petroleum products management practices (to include 

storage, release, treatment or disposal) at the property and at adjacent properties, to the extent 

such information is reasonably available.

g. Any relevant information obtained from records reviews and visual and physical inspections of 

adjacent properties.

h. Description of ongoing response actions or actions that have been taken at or adjacent to the 

property.

j. Reference to key documents examined (e.g., aerial photographs, spill incident reports, 

investigation results). (The documents will be made available by DoD upon request.)

4. Analysis of Intended Use. Before the signing of a FOST, an analysis of the intended use of the 

property, if known, will be conducted and will include:

a. An evaluation of the environmental suitability of the property for transfer by deed for the 

intended purpose, if known, including the rationale for the determination of such suitability.

b. A listing of specific recommended restrictions on use of the property, if any, to protect human 

health and the environment or the environmental restoration process. For remediated parcels 

such restrictions would include those documented in the Record of Decision (ROD) under the 
Guidance on Reaching a Finding of Suitability to Transfer (FOST)

F-34 December 1997

National Oil and Hazardous Substances Contingency Plan (NCP) or equivalent decision 

documents.

NOTE: The covenant required by CERCLA Section 120(h)(3) regarding hazardous substances must be based 

on either (1) a determination that no remedial action is required or (2) a determination that all 

remedial action necessary to protect human health and the environment has been taken. The 

determination that no remedial action is required or that all remedial action has been taken shall be 

supported by the appropriate documentation required by the program (e.g., CERCLA, RCRA, UST, 

DERP, state law) under which the property was evaluated and addressed. Such decision document 

may include a CERCLA Record of Decision (ROD), No Further Action ROD, No Further Response 

Action Planned (NFRAP), or other such similar RCRA, UST, DERP, or state law documentation, or 

other documentation that describes a consensus between the lead regulatory agency and the DoD 

Component. The intent is to use the processes under existing cleanup authorities and programs, and 

not create an additional separate process, to determine whether property requires remedial action or 

can be transferred as is. For property that requires remedial action, whether or not an NPL site and 

regardless of which cleanup authority is used, the covenant that all remedial action has been taken 

may only be made after a demonstration to EPA that an approved remedy is installed and operating 

properly and successfully.

C. Finding of Suitability to Transfer (FOST).

After completion and review of the EBS, the intended use analysis, and any available local community 

reuse plan, the DoD Component will sign a FOST once a determination has been made that the property 

is suitable for transfer by deed for the intended purpose, if known, because the requirements of CERCLA 

Section 120(h)(3) have been met for the property, taking into account the potential risk of future liability. 

The DoD component will provide a copy of the signed FOST to the regulator.

IV. PROCEDURES AND RESPONSIBILITIES.

A. Regulatory agencies will be notified at the initiation of the EBS and the FOST. The process of 

development of these documents will be designed to assure that regulators are provided adequate 

opportunity to express their views. Regulators will be provided with workable draft documents as they 

become available, including the EBS and the proposed FOST. Regulatory comments received during the 

development of these documents will be reviewed and incorporated as appropriate. Any unresolved 

regulatory comments will be included as attachments to the EBS or the POST.

B. The regulatory agencies and public will be notified of the intent to sign a FOST. This will take place at 

the earliest possible time, but no later than 30 days prior to a transfer by deed. The notification will be 

mailed to the regulatory agencies and will include the draft FOST. Either the EBS report or a summary of 

the findings of the EBS process that pertain to the parcel to be transferred will be made available to the 

public. Additional supporting documentation will be made available upon request. The DoD Components 

will address relevant comments from regulatory officials and other appropriate entities that have been 

received within this 30-day period. After consideration of all relevant comments (unresolved comments 

will be included as an appendix to the FOST) and signing of the FOST, the DoD Component may proceed 

to convey the property by deed.

C. The DoD Components will provide public notice of the signing of the FOST and will retain the signed 

FOST, including all regulatory comments and responses on the EBS and/or FOST, in the transaction file 

(and the Administrative Record, where applicable) and will make the FOST available to the public upon 

request.

D. Conditions will be included in the transfer deed to:
DoD Base Reuse Implementation Manual

December 1997 F-35

1. Ensure environmental investigations and remedial and oversight activities will not be disrupted at any 

time. Such conditions will include, but are not limited to:

a. Providing for continued access for DoD (or its designated contractor) and regulatory agencies to 

monitor the effectiveness of cleanup, perform five-year reviews, and/or take additional remedial 

or removal actions.

b. Prohibiting activities that could disrupt any remediation activities or jeopardize the protectiveness 

of those remedies such as the following:

(1) Surface application of water that could impact the migration of contaminated ground water;

(2) Subsurface drilling or use of ground water unless DoD determines that there will be no 

adverse impacts on the cleanup process; or,

(3) Construction that would interfere with, negatively impact, or restrict access for cleanup 

work.

2. Limit use as required by the FOST.
Guidance on Reaching a Finding of Suitability to Transfer (FOST)

F-36 December 1997

DoD GUIDANCE ON THE ENVIRONMENTAL REVIEW

PROCESS TO REACH A

FINDING OF SUITABILITY TO TRANSFER (FOST)

FOR PROPERTY WHERE NO RELEASE OR DISPOSAL HAS OCCURRED

I. PURPOSE.

This policy provides guidance to the Department of Defense (DoD) Components on the process to document 

parcels of real property made available through the Base Realignment and Closure (BRAC) process and which 

are environmentally suitable for transfer by deed under Section 120(h) of the Comprehensive Environmental 

Response, Compensation, and Liability Act (CERCLA) (42 U.S.C. 9620 (h)). The DoD Components may 

develop implementation procedures which may contain additional requirements based on their own specific 

needs and unique requirements but will, at a minimum, include the following documentation and procedures. 

This guidance applies to property where no release or disposal of hazardous substances or petroleum products 

has occurred and which is being considered for transfer by deed, whether or not storage of hazardous 

substances or petroleum products has occurred. Nothing in this policy negates the requirement to comply with 

the National Environmental Policy Act (NEPA).

II. APPLICABILITY AND SCOPE.

This policy applies to all DoD installations selected for closure or realignment pursuant to the Base Closure 

and Realignment Act of 1988 (P.L. 100-526) (BRAC 88) or the Defense Base Closure and Realignment Act of 

1990 (P.L. 101-510) (BRAC 91, 93, and 95). The policy’s scope intends to meet the following objectives:

A. Ensure protection of human health and the environment.

B. Develop a DoD-wide process to assess, determine, and document the environmental suitability of 

properties for transfer by deed.

C. Ensure transfer of properties by deed does not interfere with response actions being conducted at National 

Priorities List (NPL) sites under the provisions of a Federal Facilities Agreement or at non-NPL sites 

under the provisions of other types of agreements or any corrective action orders.

D. Ensure compliance with all applicable environmental cleanup requirements and allow the DoD 

Component to demonstrate compliance with Section 120(h) of CERCLA before properties are transferred 

by deed.

E. Provide for adequate public and regulatory participation without unduly encumbering the DoD 

Components’ authority and mandate to make property available for reuse in a timely manner.

F. Ensure a sufficient environmental review of the real property being considered for transfer is conducted to 

avoid unwarranted risks of future liability.

III. POLICY.

A. Requirement for Assessment, Determination and Documentation of Properties Suitable for Transfer by 

Deed.

In the case of real property to which this policy applies, the head of the DoD Component with 

accountability over the property, or his/her designated representative, shall assess, determine and 

document when properties where no release or disposal of hazardous substances or petroleum products has 
DoD Base Reuse Implementation Manual

December 1997 F-37

occurred are suitable for transfer by deed. This assessment and determination will be based on an 

Environmental Baseline Survey (EBS) and will be documented in a Finding of Suitability to Transfer 

(FOST) as described below.

B. Investigation.

1. Environmental Baseline Survey (EBS). An EBS will be prepared encompassing any property to be 

transferred. The EBS will be based on all existing environmental information related to storage, 

release, treatment or disposal of hazardous substances or petroleum products on the property to 

determine or discover the obviousness of the presence or likely presence of a release or threatened 

release of any hazardous substance or petroleum product. In certain cases additional data, including 

sampling, if appropriate under the circumstances, may be needed in the EBS to support the FOST 

determination.

A previously conducted EBS may be updated as necessary and used for making a FOST 

determination, where appropriate. An EBS also may satisfy other environmental requirements (e.g., 

to reach a Finding of Suitability to Lease [FOSL] or satisfy the requirements of the Community 

Environmental Response Facilitation Act [CERFA]).

2. Procedures for Conducting an EBS. The EBS will consider all sources of available information 

concerning all environmentally significant current and past uses of the real property and shall, at a 

minimum, consist of the following:

a. Detailed search and review of available information and records in the possession of the DoD 

Components or records made available by the regulatory agencies or other involved Federal 

agencies. DoD Components are responsible for requesting and making reasonable inquiry into 

the existence and availability of relevant information and records to include any additional study 

information (e.g., surveys for radioactive materials, asbestos, radon, lead-based paint, 

transformers containing PCB, Resource Conservation and Recovery Act Facility Assessments and 

Investigations [RFA and RFI], Underground Storage Tank Cleanup Program) to determine the 

environmental condition of the property.

b. Review of all reasonably obtainable Federal, State, and local government records for each 

adjacent facility where there has been a release of any hazardous substance or any petroleum 

product, and which is likely to cause or contribute to a release or threatened release of any 

hazardous substance or any petroleum product on the real property.

c. Analysis of aerial photographs which are in the possession of the Federal Government or are 

reasonably obtainable through state or local government agencies that may reflect prior uses of 

the real property.

d. Interviews with current and/or former employees involved in operations on the real property.

e. Visual inspections of the real property; any buildings, structures, equipment, pipe, pipeline, or 

other improvements on the real property; and of properties immediately adjacent to the real 

property, noting sewer lines, runoff patterns, evidence of environmental impacts (e.g., stained 

soil, stressed vegetation, dead or ill wildlife) and other observations which indicate actual or 

potential release of hazardous substances or petroleum products.

f. Identification of sources of contamination on the installation and on adjacent properties which 

could migrate to the real property.
Guidance on Reaching a Finding of Suitability to Transfer (FOST)

F-38 December 1997

g. Ongoing response actions and actions that have been taken at adjacent real property.

h. A physical inspection of property adjacent to the real property, as appropriate, and to the extent 

permitted by owners or operators of such property.

NOTE: For the purposes of paragraphs b, e, f, g, & h above, “adjacent properties” are defined as either those 

properties contiguous to the boundaries of the property being surveyed or other nearby properties. In 

either case, the survey should be addressed to those portions of the properties relatively near the 

installation that could pose significant environmental concern and/or have a significant impact on the 

results of the EBS.

3. Documentation of an EBS. At the completion of the EBS, a report will be prepared which will 

include the following:

a. An Executive Summary briefly stating the areas of real property (or parcels) evaluated and the 

conclusions of the survey.

b. The property identification (e.g., address, assessor parcel number, legal description).

c. Any relevant information obtained from a detailed search of Federal Government records 

pertaining to the property, including available maps.

d. Any relevant information obtained from a review of the recorded chain of title documents 

regarding the real property. The review should address those prior ownerships/uses that could 

reasonably have contributed to an environmental concern, and, at a minimum, cover the 

preceding 60 years.

e. A description of past and current activities, including all past and current DoD and non-DoD 

uses to the extent such information is reasonably available, on the property and on adjacent 

properties.

f. A description of hazardous substances and petroleum products management practices (to include 

storage, release or treatment) at the property and at adjacent properties, to the extent such 

information is reasonably available.

g. Any relevant information obtained from records reviews and visual and physical inspections of 

adjacent properties.

h. Description of ongoing response actions or actions that have been taken at adjacent real property.

i. Reference to key documents examined (e.g., aerial photographs, spill incident reports, 

investigation results). (The documents will be made available by DoD upon request.)

4. Analysis of the EBS. Before the signing of a FOST, a listing will be made of specific recommended 

restrictions on use of the property, if any, to protect human health and the environment.

C. Finding of Suitability to Transfer (FOST).

After completion and review of the EBS, the DoD Component will sign a FOST once a determination is 

made that the property is suitable for transfer by deed because no hazardous substances or petroleum 

products were known to have been released or disposed of on the property, taking into account the 
DoD Base Reuse Implementation Manual

December 1997 F-39

potential risk of future liability. The DoD Component will provide a copy of the signed FOST to the 

regulator.

IV. PROCEDURES AND RESPONSIBILITIES.

A. Regulatory agencies will be notified at the initiation of the EBS and the FOST. The process of 

development of these documents will be designed to assure that regulators are provided adequate 

opportunity to express their views. Regulators will be provided with workable draft documents as they 

become available, including the EBS and the proposed FOST. Regulatory comments received during the 

development of these documents will be reviewed and incorporated as appropriate. Any unresolved 

regulatory comments will be included as attachments to the EBS or the FOST.

B. The regulatory agencies and public will be notified of the intent to sign a FOST. This will take place at 

the earliest possible time, but no later than 30 days prior to a transfer by deed. The notification will be 

mailed to the regulatory agencies and will include the draft FOST. Either the EBS report or a summary of 

the findings of the EBS process that pertain to the parcel to be transferred will be made available to the 

public. Additional supporting documentation will be made available upon request. The DoD Components 

will address relevant comments from regulatory officials or other appropriate entities that have been 

received within this 30-day period. After consideration of all relevant comments (unresolved comments 

will be included as an appendix to the FOST) and signing of the FOST, the DoD Components may 

proceed to convey the property by deed.

C. The DoD Components will provide public notice of the signing of the FOST and will retain the signed 

FOST, including all regulatory comments and responses on the EBS and/or FOST, in the transaction file 

(and the Administrative Record, where applicable) and will make the FOST available to the public upon 

request.

D. Conditions will be included in the transfer deed to:

1. Ensure that a response action or corrective action found to be necessary after the date of transfer by 

deed will be conducted by the United States.

2. Grant the United States access to the property in any case in which a response action or corrective 

action is found to be necessary at the property after the date of transfer by deed, or such access is 

necessary to carry out a response action or corrective action on adjoining property.
Guidance on Reaching a Finding of Suitability to Transfer (FOST)

F-40 December 1997

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December 1997 F-39

DoD Restoration Advisory Board (RAB) 

Implementation Guidelines

(27 September 1994)
Restoration Advisory Board (RAB) Implementation Guidelines

F-40 December 1997

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DoD Base Reuse Implementation Manual

December 1997 F-41
Restoration Advisory Board (RAB) Implementation Guidelines

F-42 December 1997
DoD Base Reuse Implementation Manual

December 1997 F-43

DEPARTMENT OF DEFENSE

AND

UNITED STATES ENVIRONMENTAL 

PROTECTION AGENCY

Restoration Advisory Board

Implementation Guidelines

September 1994
Restoration Advisory Board (RAB) Implementation Guidelines

F-44 December 1997

TABLE OF CONTENTS

Page

I. BACKGROUND....................................................................................................................................................... F-47

II. RAB DEVELOPMENT........................................................................................................................................... F-47

Preparing for the Initial RAB Information Meeting....................................................................................... F-48

Initial RAB Information Meeting................................................................................................................... F-49

Converting a TRC to a RAB........................................................................................................................... F-50

Formulating the RAB..................................................................................................................................... F-50

III. RAB OPERATIONS............................................................................................................................................... F-52

Selecting Co-Chairs........................................................................................................................................ F-52

Distributing a Fact Sheet ................................................................................................................................ F-52

Developing a RAB Mission Statement........................................................................................................... F-53

Developing RAB Operating Procedures......................................................................................................... F-53

Training for RAB Community Members....................................................................................................... F-53

Providing Administrative Support to the RAB............................................................................................... F-53

Funding for RABs .......................................................................................................................................... F-53

Scheduling Meetings...................................................................................................................................... F-54

Attending Meetings........................................................................................................................................ F-54

Conducting the Meeting................................................................................................................................. F-54

Responding to Comments............................................................................................................................... F-55

IV. ROLES AND RESPONSIBILITIES...................................................................................................................... F-56

Department of Defense Installation Co-Chair................................................................................................ F-56

Community Co-Chair..................................................................................................................................... F-57

RAB Community Members............................................................................................................................ F-57

State Regulatory Agency Member.................................................................................................................. F-57

U.S. Environmental Protection Agency (EPA) Member................................................................................ F-58

BRAC Cleanup Team (BCT) at Closing Installations................................................................................... F-58

ENCLOSURES ............................................................................................................................................................. F-59

(1) Sample RAB Fact Sheet.......................................................................................................................... F-60

(2) Sample RAB Public Notice..................................................................................................................... F-61

(3) Sample RAB Recruiting Letter............................................................................................................... F-62

(4) Sample RAB Community Interest Form................................................................................................. F-63

These guidelines are based on the “Interim Guidance for Implementing Restoration Advisory Boards,” November 1993, 

drafted by California Environmental Protection Agency, Department of Toxic Substances Control.
DoD Base Reuse Implementation Manual

December 1997 F-45

U.S. ENVIRONMENTAL PROTECTION AGENCY

AND DEPARTMENT OF DEFENSE

RESTORATION ADVISORY BOARD IMPLEMENTATION GUIDELINES

I. BACKGROUND

The United States Environmental Protection Agency (EPA) and the Department of Defense (DoD) recognize 

the importance of public involvement at military installations that require environmental restoration. Therefore, 

EPA and DoD have developed joint Restoration Advisory Board (RAB) guidelines. DoD policies on community 

involvement can be found in the “Management Guidance for Execution of the FY94/95 and Development of the 

FY96 Defense Environmental Restoration Program,” April 14, 1994.

RABs bring together people who reflect the diverse interests within the local community, enabling the early 

and continued flow of information between the affected community, DoD and environmental oversight agencies. 

DOD is creating RABs to ensure that all stakeholders have a voice and can actively participate in a timely and 

thorough manner in the review of restoration documents. RAB community members will provide advice as 

individuals to the decision-makers on restoration issues. It is a forum to be used for the expression and careful 

consideration of diverse points of view. The RAB complements other community involvement efforts, but does not 

replace them. The DoD installation will continue to be responsible for fulfilling all statutorily mandated public 

involvement requirements.

This document provides guidelines to assist DoD installations on how to develop and implement a RAB and 

the role of environmental oversight agencies in this process. It is intended to be flexible so the DoD installation 

can adapt the RAB to meet the individual needs of the community. 

The guidelines are based on recommendations contained in the February 1993, “Interim Report of the Federal 

Facilities Environmental Restoration Dialogue Committee.” While not identical, they are generally consistent with 

the Committee’s recommendations.

Although these guidelines are intended to apply at all military installations, EPA’s involvement on a RAB will 

vary based on the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) National 

Priorities List (NPL) status of the installation. EPA is committed to full involvement on RABs as the Federal 

regulatory agency for all DoD installations on the NPL or at base closure sites where EPA has received resources 

from DoD. EPA’s involvement will be at the discretion of EPA’s regional office for non-NPL, non-base closure or 

base closure installations where EPA has not been given resources from DoD.

For this document, the term “stakeholder” is defined as parties that are actually or potentially affected by 

restoration activities at an installation.

II. RAB DEVELOPMENT

Most DoD installations have already established Technical Review Committees (TRCs) to provide interested 

parties with a forum to discuss and provide input into site restoration activities as required by 10 USC 2705(c) and 

Executive Order 12580, “Superfund Implementation.” The DoD RAB policy calls for existing TRCs or similar 

groups to be expanded or modified to become RABs rather than create a separate committee, as long as the RABs 

meet the statutory requirements for TRCs. RABs provide an expanded opportunity for ongoing community input 

and participation in all phases of installation restoration activities and decision-making.
Restoration Advisory Board (RAB) Implementation Guidelines

F-46 December 1997

The RAB is not a replacement for other types of community outreach and participation activities required by 

law, regulation, or policy. Therefore, all existing public involvement requirements must still be completed, 

including the community relations requirements of CERCLA as amended by the Superfund Amendments and 

Reauthorization Act (SARA); and public involvement requirements of the Resource Conservation and Recovery 

Act (RCRA), National Environmental Policy Act (NEPA), and any state environmental regulations. 

Although the DoD installation has the lead responsibility for the formulation and implementation of the 

RABs, the state and EPA, as appropriate, should be involved in all phases of RAB planning and operation.

Preparing for the Initial RAB Information Meeting

Before the initial RAB information meeting, the DoD installation should begin the process of informing and 

educating the community about the purpose of the RAB and opportunities for membership and participation. This 

is especially important at installations where a TRC has not been formed or where the community has had limited 

participation in the TRC. This can be accomplished by completing the following suggested activities.

Fact Sheet

The DoD installation should prepare and distribute a brief, one-page fact sheet describing the RAB prior to the 

initial RAB information meeting. This should be done in consultation with the existing TRC, the state, and EPA, 

as appropriate. It may be advisable to distribute the fact sheet using any existing public participation mailing lists 

unless a wider distribution is deemed desirable. The fact sheet should describe the purpose of the RAB, membership opportunities, the membership selection process, and state the responsibilities of RAB members. Copies of the 

fact sheet should be made available to the public in information repositories established by the installation and 

widely accessible to the community. If a significant segment of the community is non-English speaking or visually 

impaired, the fact sheet should be translated. A sample RAB fact sheet is included as Enclosure 1.

Public Notice

A paid public notice should be issued to advertise the initial RAB information meeting in at least one 

newspaper of general circulation serving the affected communities around the installation, as well as in the 

installation newspaper. The public notice should be published in advance of the meeting and include the following 

information:

- time and location of the meeting

- notice of the intent to establish a RAB or transition the TRC to become a RAB, if applicable

- RAB purpose

- membership opportunities

- meeting is open for public attendance and participation

- name and phone number of contact person(s) for more information

- topics for consideration at the initial RAB information meeting

The public notice should be placed in a prominent section of the newspaper likely to be read by the majority of 

community members. A sample public notice is included as Enclosure 2.

Agenda

An agenda for the meeting should be developed by the DoD installation in consultation with the state and 

EPA, as appropriate. The agenda should reflect community restoration concerns as identified by existing 

community involvement activities (i.e., interview with key community leaders, review of correspondence, review of 

media coverage, etc.).
DoD Base Reuse Implementation Manual

December 1997 F-47

Press Release

The DoD installation’s public affairs office should prepare and distribute a press release to explain the purpose 

of the RAB and the time and location of the meeting. Depending on local media coverage of installation 

environmental issues, it may be appropriate to prepare a more extensive media packet of information to update the 

local media regarding installation restoration issues and activities.

Initial RAB Information Meeting

The initial RAB information meeting should be sponsored by the DoD installation as soon as possible to 

ensure the expeditious execution of the RAB. This can be accomplished at the next regularly scheduled TRC 

meeting, as long as sufficient public notice is given, or at a community meeting held specifically for this purpose. 

Where a TRC currently exists, the TRC must evaluate its member composition and operation using the RAB 

criteria and modify, as appropriate. The DoD installation should consult with the state and the EPA, as 

appropriate, well in advance of the initial RAB information meeting on all matters related to the meeting.

The initial RAB information meeting may be facilitated by the DoD installation. If appropriate, the meeting 

could be facilitated by a professional facilitator with meeting facilitation skills and experience. A professional 

facilitator should be considered where a controversial situation is anticipated and a sense of independence will 

avoid, minimize, or even diffuse acrimonious deliberations.

The focus of the meeting should be to introduce the RAB concept to the community and begin the membership 

solicitation process. Some of the suggested topics to address include:

- overview and purpose of the RAB

- goal of representing diverse community interests

- difference between the RAB and the TRC

- membership opportunities

- member selection process and time table

- member responsibilities and what is expected of members

- overview of installation restoration and/or conversion activities and plans (as appropriate)

- open discussion/question and answer period

- co-chair opportunities

- potential conflict of interest concerns

The date and location of the meeting should be chosen with the goal of making it convenient for a majority of 

community members to attend and participate. The meeting, as with all RAB meetings, should be held in a central 

location. Input from the community should be strongly considered regarding convenient meeting locations and 

times. The DoD, the state, and EPA should ensure that a representative and/or designee is in attendance at all 

RAB meetings. 

The DoD installation should prepare meeting minutes summarizing the topics discussed at the meeting. The 

minutes should be a concise summary of the meeting rather than verbatim transcripts. Translation of meeting 

minutes should be provided if a large segment of the local community speaks a language other than English or 

members of the community are visually impaired. The minutes should be made available to the public at the 

information repositories and/or other places within two weeks of the meeting. The DoD installation may want to 

consider mailing copies of the minutes to all community members who attended the meeting, existing TRC 

members and/or to people identified on the installation’s community relations mailing list.
Restoration Advisory Board (RAB) Implementation Guidelines

F-48 December 1997

Converting a TRC to a RAB

If an installation already has a functioning TRC, it should be converted into a RAB instead of establishing a 

separate committee. Some of the tasks that need to be done to accomplish the conversion are: adding a community 

co-chair; increasing community representation; and making all meetings open to the public. The ultimate goal of 

the RAB is to improve communications among stakeholders and solicit input to be used in the decision process. 

As a part of the initial member selection process, the DoD installation, with input from the EPA, as 

appropriate, and the state, should evaluate diversity of the current membership of the TRC. DoD membership 

should consist of 1 to 2 members. As a general rule, TRC members should be given preference for a seat on the 

RAB to preserve continuity and the “institutional history” of the restoration process. This should be balanced 

against the preeminent need to form a RAB truly representative of the community’s diverse interests.

Formulating the RAB

Ensuring Membership Diversity and Balance

RAB members should be identified by a selection panel, see “Selecting Community Members.” The RAB 

should be comprised of members from the local community and representatives from DoD, the state, and EPA, as 

appropriate. Community members selected for RAB membership should reflect the diverse interests within the 

local community. RAB members should live/work in the affected community or be impacted by the restoration 

program. The following list of potential interests should be considered for representation on the RAB. This list is 

illustrative and not all inclusive. Each RAB should be developed to reflect the unique mix of interests and 

concerns within the local community.

- local residents/community members (including minorities and low income)

- local reuse committees

- Technical Assistance Grant (TAG) recipient

- current TRC members

- local government officials/agencies

- business community

- school districts

- installation employees/residents

- local environmental groups/activists

- civic/public interest organizations

- religious community

- other regulatory agencies

- local homeowners organizations

- medical community

- Native American tribes

DoD, the state, and EPA, as appropriate, will generally have one member each on the RAB. While it is 

anticipated that other members of the installation and regulatory agencies will regularly attend and participate in 

RAB meetings as resources, the majority of RAB members should be from the local community.

Soliciting Community Members

For an effective RAB to be established quickly, the DoD installation, in coordination with the EPA, as 

appropriate, and the state, needs to inform and educate the local community about the formulation of the RAB, its 

purpose, and the opportunities for membership. The public outreach effort should be tailored to the individual 

community at each installation and may include letters to local government officials and community members. 
DoD Base Reuse Implementation Manual

December 1997 F-49

This is especially important at installations where there has been limited community involvement opportunities or 

where there has been minimal community and media interest in the installation.

Every effort should be made to ensure that all individuals or groups representing the community’s interests are 

informed about the RAB and given the opportunity for RAB participation. Based on the results of member recruitment efforts, it may be necessary to directly solicit some groups or organizations. A sample RAB member 

recruiting letter is included as Enclosure 3 and may be useful in such efforts. For ease in tracking community 

interest, a community interest form, Enclosure 4, can be developed and distributed at the initial meeting, made 

available at local information repositories or other suitable locations, and mailed to persons who write or call. 

Determining the Size of RAB

The initial size of the RAB will be determined by the RAB selection panel. Once the RAB is operational, 

procedures should be developed to address the addition and removal of RAB members. The RAB may want to reevaluate the current RAB size, diversity and balance, and add members. To facilitate constructive dialogue, the 

RAB should generally be no larger than 20 individuals but no smaller than is necessary to adequately reflect the 

diversity of community interests regarding installation restoration. If RAB membership significantly exceeds 20, 

efforts should be made to consolidate and eliminate any duplicate representation of similar view points. If the RAB 

is larger than 20, the use of sub-committees should be considered. 

Selecting RAB Members

The transition period between the meeting to initiate RAB formulation and the implementation of a fully 

functioning RAB will likely be a busy, challenging period. Although the length of time required to complete the 

transition to a RAB will vary from installation to installation, most RABs should set a goal to be in full operation 

within six months from the meeting to initiate RAB formulation. During this period of time the following key 

activities should be completed to ensure successful development and implementation of the RAB.

Selecting Community Members:

Selection Panel. The installation Commanding Officer (CO) in consultation with the state and EPA, as 

appropriate, should identify community interests and solicit names of individuals who can represent these interests 

on the selection panel. Once the selection panel nominees have been provided, the CO in consultation with the 

state and EPA, as appropriate, should review the selection panel nominations to ensure balance and diversity. If 

nominations represent the diversity of the community, they will become the selection panel. The panel should 

establish and announce the following items:

- procedures for nominating community RAB members

- process for reviewing community interest forms

- criteria for selecting community RAB members

- list of RAB nominees 

Final Selection: RAB membership selection should be in an open and fair manner using the panel. The panel will 

evaluate interest forms and develop a nomination list for the CO. The CO, in consultation with the state and EPA, 

as appropriate, should review the list to ensure that nominees represent the diversity of the community. If the list 

lacks diversity, the CO will ask the selection panel to provide a revised list. A lack of diversity or balance is the 

only reason a list can be rejected.

The selection panel may want to contact those who expressed interest but not selected for RAB membership to 

thank them for their interest and willingness to participate in the RAB. A letter to them should explain selection 

criteria, why they were not chosen and should encourage them to attend and participate at the RAB meetings as 
Restoration Advisory Board (RAB) Implementation Guidelines

F-50 December 1997

members of the general public. Their interest forms should be kept on file for consideration when future 

membership openings occur.

Additions to and removals from the RAB can be made at any time the RAB deems necessary. Procedures for 

additions and resignations should be outlined in the operating procedures.

NOTE: DOD contractor personnel should not be RAB members. However, for community RAB members 

who have business interests, membership on the RAB should not limit ability to compete for contracts. All 

information provided the RAB members should also be made available to the general public. Appropriate 

assurances should be made to avoid conflicts of interest.

Selecting Government Members:

The DoD installation, state and local governments, and EPA, as appropriate, should be represented on the 

RAB. Members may include the Remedial Project Manager (RPM) from the service, state, and EPA, as 

appropriate, and representatives from local agencies. Representatives should dedicate the time necessary and have 

sufficient authority to fulfill RAB responsibilities. Whenever, possible, each entity should be represented by one 

individual. Other government officials such as public health officials from the Agency for Toxic Substances and 

Disease Registry (ATSDR) may attend RAB meetings as their expertise may be needed.

In the case of closing military installations, the Base Realignment and Closure (BRAC) Cleanup Team (BCT) 

will be a member of the RAB. The BCT consists of representatives from the DoD service, EPA, and the state.

III. RAB OPERATIONS

This section presents some important issues related to RAB operations. Once the RAB is officially formed, the 

RAB should develop and implement its operating procedures.

Selecting Co-Chairs

 Co-chairs’ responsibilities should be jointly held between the installation and community and they will serve 

as equal partners. Selection of the DoD installation co-chair is by the installation’s CO. The community co-chair 

should be selected by the community members of the RAB. The co-chairs should have sufficient authority and 

ability to fully undertake RAB chairperson responsibilities. 

The length of the term to be served by the co-chairs should be decided upon by the RAB and outlined in the 

RAB’s operating procedures, one- or two-year terms should be considered. This will allow for continuity, but also 

timely change if necessary. Co-chair termination procedures should be articulated in the RAB’s operating 

procedures.

Distributing a Fact Sheet

After the RAB is established, the RAB should consider preparing and distributing another brief fact sheet to 

announce that the RAB has been formed and publish the names of RAB members. The fact sheet could also 

announce the RAB meeting schedule, publicly thank all community members who expressed interest in RAB 

participation, and encourage ongoing community attendance and participation at future RAB meetings.
DoD Base Reuse Implementation Manual

December 1997 F-51

Developing a RAB Mission Statement

Each RAB should develop a mission statement that articulates the overall purpose of the RAB. The statement 

can be brief. For example, “The RAB mission should be to establish and maintain a forum with all stakeholders 

for the exchange of information in an open and interactive dialogue concerning the installation’s restoration 

program.” 

Developing RAB Operating Procedures

The RAB should develop a set of operating procedures. The operating procedures should include policies on 

attendance, meeting frequency, procedures for removing, replacing co-chairs and replacing/adding other members, 

membership and co-chair length of service, methods for resolving member disputes, process for reviewing and 

responding to public comments, and procedures for public participation.

Training for RAB Community Members

Once selected, RAB members may need some initial orientation to enable them to perform their duties. The 

DoD installation should work with the state, EPA and environmental groups to develop methods to quickly inform 

and educate the RAB members to promote the rapid formation of a fully functioning RAB. This may be 

accomplished at initial RAB meetings or at special orientation sessions and may include the following:

- formal training sessions

- workshops

- informal briefings

- briefing booklets, past fact sheets, maps

- site tours

Technical support staff from state, federal, and local agencies that have involvement with restoration and reuse 

issues may be asked to attend RAB meetings to provide information in their areas of expertise and will be available 

to provide information and explanation to RAB members.

Providing Administrative Support to the RAB

The DoD installation needs to ensure that adequate administrative support is made available to establish and 

operate the RAB. It is especially important to provide for ongoing administrative support for closing or closed 

installations. Administrative support will usually include the following:

- meeting facilities

- preparation of meeting minutes and other routine word processing tasks

- copying/printing of RAB documents, notices, fact sheets

- conduct mailings 

- distribution of public notices in local newspapers

- management of RAB mailing lists

- translation and distribution of outreach and other RAB materials

- meeting facilitation

Funding for RABs

Administrative and logistical support to meet the RAB’s mission should be provided by the DOD installation, 

using the Defense Environmental Restoration Account at non-BRAC installations, and BRAC funds at closing 

installations.
Restoration Advisory Board (RAB) Implementation Guidelines

F-52 December 1997

Technical Assistance

Community members of the RAB at NPL installations may establish an organization and apply for a Technical 

Assistance Grant from EPA, provided that a TAG has not already been awarded to another community group at the 

installation.

Scheduling Meetings

RAB meetings should be scheduled on a regular basis. The individual RAB members should decide the 

scheduling and frequency of RAB meetings. The frequency of RAB meetings should be to ensure timely and 

effective communication. Closing installations may require more frequent meetings.

Location

The RAB meetings should be held in a location agreed upon by the RAB members and in a location that is 

accessible to the physically impaired. The development of the RAB concept was meant to ensure and enhance 

community involvement in the process; providing the community with the opportunity to suggest meeting locations 

should assure this.

Special Focus Meetings

When necessary, the RAB may meet for special focus meetings. These are meetings where a single topic or 

specific document may be reviewed, discussed, and commented on. This may occur when the RAB determines the 

need for input on specific issues in order to move ahead or the co-chairs agree that a special meeting is necessary.

Attending Meetings

Ongoing and consistent involvement of all board members is essential to the success of the RAB. Regular 

attendance by all members or designated alternates is expected. Early in the process, the group should jointly 

establish groundrules for participation, including meeting attendance. Representatives from the DoD, 

environmental regulatory agencies, and the community should attend all RAB meetings. This will aid in the 

operation of the RAB as a team.

If after selection, a RAB member is unable to fully participate, the RAB, using pre-established rules, should 

ask the member to submit his/her resignation in writing to either of the RAB co-chairpersons. Procedures for 

replacing/adding members should be decided by the RAB.

Conducting the Meeting

 Each meeting should have a purpose and an agenda. Because these meetings are open to the public, a 

translator should be provided where a large portion of the community is non-English speaking or hearing 

impaired. If the RAB deems that an outside facilitator is necessary, arrangements should be made accordingly.

Nature of Discussions

DOD will consider all advice provided by the RAB whether consensus in nature or provided on an individual 

basis, including advice given that represents the minority view of members. However, because DOD does not 

intend for Federal Advisory Committee Act (FACA) requirements to apply to RABs, consensus is not a 

prerequisite for RAB recommendations. Each individual should provide advice as an individual, not as a group. 

At the same time, while consensus is not required or asked of the board members, in the natural course of 

discussions consensus may evolve. 
DoD Base Reuse Implementation Manual

December 1997 F-53

Format

The meeting format of the RAB will vary. The format will be dictated by the needs of the RAB. Generally, a 

basic format should include:

- review of “old” business

- presentation or update by project technical staff and RAB member discussions

- question/answer/input/discussion period for non-RAB community participants

- list of action items for the RAB members

- discussion of the next meeting’s agenda

Meeting Minutes

The RAB should prepare meeting minutes summarizing the topics discussed at RAB meetings. The minutes 

should be concise summaries of RAB meetings rather than verbatim transcripts to facilitate effective 

communication with the local communities. Before copies of the meeting minutes are distributed to existing members of the RAB and made available for public review, the co-chairs should review and approve them. These 

minutes should be made available to the public within two weeks of the meeting. A public notice should be 

prepared to announce the availability of the meeting minutes and the next meeting. The DoD installation may 

want to consider mailing copies of the minutes to all community members who attend the RAB meetings and to 

those on the community relations mailing list.

The meeting minutes should be translated if a large segment of the local community speaks a language other 

than English or members of the community are visually impaired. The DoD installation is responsible for 

distributing copies of the meeting minutes and all documents to the RAB for review and comment and that this 

same information is consistently available for public review in the information repositories.

Responding to Comments

The RAB should regularly review, discuss, and provide comments on a wide variety of technical documents 

and plans. This information should simultaneously be made available for public review and comments at the local 

information repositories. Public comments should be seriously considered before these documents or plans are 

finalized.

Public Comment Periods Required by Regulation

The DoD installation should solicit and respond to comments from the public as specified in applicable 

regulations. In some cases, e.g. RCRA, the regulatory agency is required to obtain public input on corrective 

actions. Accordingly, it may not be necessary for the DOD installation to seek public comment. 

The public is the community at large, not only the RAB.

Other Comments

As a general rule, all draft and final documents deliverable to regulators should be distributed to the RAB and 

the public for review and comment when they are given to the regulators and should be made available for at least 

30 days for review. For documents where a review period shorter than 30 days applies to regulatory staff, this 

same shorter review period would also apply to the review by the RAB and community members. Every effort 

should be made to provide the RAB and community members with an adequate review period based on the length 

and complexity of the document. Where necessary, special focus meetings of the RAB may be called to review and 

comment on key documents.
Restoration Advisory Board (RAB) Implementation Guidelines

F-54 December 1997

To demonstrate commitment to meaningful consideration of comments, the DoD installation should prepare 

formal written responses to all substantive comments received from the RAB and the general public. In some 

cases, RAB meeting minutes may suffice to document responses to specific comments.

Addressing Non-restoration Issues

Because RABs provides a direct channel for communication to the installation, community members may raise 

some non-restoration issues during RAB discussions. Although these issues may not be appropriate for discussion 

within the context of the RAB, DOD should be responsive to these concerns by referring them to the appropriate 

offices at the installation or to alternative forums more appropriate for the issue (i.e., at closing installations, nonrestoration issues should be referred to the local Reuse Committee, the Base Transition Coordinator, or the BRAC 

Cleanup Team).

IV. ROLES AND RESPONSIBILITIES

Department of Defense Installation Co-Chair

1. The DoD installation co-chair should coordinate with the community co-chair to prepare and distribute an 

agenda prior to each RAB meeting. If the RAB will address restoration related to base closure activities, 

the DoD and community co-chair should coordinate with the BRAC Cleanup Team, the Base Transition 

Coordinator, and the reuse committee.

2. The DoD installation co-chair should ensure that DoD participates in an open and constructive manner.

3. The DoD installation co-chair should attend all meetings and ensure that the RAB has the opportunity to 

participate in the restoration decision process.

4. The DoD installation co-chair should ensure that community issues and concerns related to restoration are 

addressed when raised.

5. The DoD installation co-chair should ensure documents distributed to the RAB are also made available to the 

general public.

6. The DoD installation co-chair with assistance from the RAB should ensure that an accurate list of 

interested/affected parties is developed and maintained.

7. The DoD installation co-chair should provide relevant policies and guidance documents to the RAB in order to 

enhance the RAB’s operation.

8. The DoD installation co-chair should ensure that adequate administrative support to the RAB is provided.

9. The DoD installation co-chair should refer issues not related to restoration to appropriate installation official 

for them to address.

10. The DoD installation co-chair should report back to the installation.

Community Co-Chair

1. The community co-chair should coordinate with the DoD installation co-chair and RAB community members 

to prepare an agenda prior to each RAB meeting.
DoD Base Reuse Implementation Manual

December 1997 F-55

2. The community co-chair should ensure that community members participate in an open and constructive 

manner.

3. The community co-chair should ensure that community issues and concerns related to restoration are raised.

4. The community co-chair should assist with the dissemination of information to the general public.

5. The community co-chair should report back to the community.

6. The community co-chair is expected to serve without compensation.

RAB Community Members

1. The RAB community members are expected to attend meetings. 

2. The RAB community members are expected to provide advice and comment on restoration issues to the 

decision makers.

3. The RAB community members should represent and communicate community interests and concerns to the 

RAB.

4. The RAB community members should act as a conduit for the exchange of information between the 

community, DoD installation, and environmental oversight agencies regarding the installation’s 

restoration and reuse programs.

5. The RAB community members should review, evaluate, and comment on documents and other such materials 

related to installation restoration and closure, where applicable.

6. The RAB community members are expected to serve without compensation on the RAB.

State Regulatory Agency Member

1. The state member should attend RAB meetings.

2. The state member should serve as an information, referral and resource bank for communities, installations 

and agencies regarding installation restoration.

3. The state member should review documents and other materials related to restoration.

4. The state member should ensure that state environmental standards and regulations are identified and 

addressed by the DoD installation.

5. The state member should facilitate flexible and innovative resolutions of environmental issues and concerns.

6. The state member should assist in education and training for the RAB members.

U.S. Environmental Protection Agency (EPA) Member

1. The EPA member should attend RAB meetings. 

2. The EPA member should serve as an information, referral and resource bank for communities, installations 

and agencies regarding installation restoration.
Restoration Advisory Board (RAB) Implementation Guidelines

F-56 December 1997

3. The EPA member should facilitate flexible and innovative resolutions of environmental issues and concerns.

4. The EPA member should ensure that federal environmental standards and regulations are identified and 

addressed by the DoD installation.

5. The EPA member should assist in education and training for the RAB members.

BRAC Cleanup Team (BCT) at Closing Installations

1. The BCT should maintain a close working relationship with other members of the RAB.

2. The BCT should provide timely and accurate information to the RAB.
DoD Base Reuse Implementation Manual

December 1997 F-57

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Restoration Advisory Board (RAB) Implementation Guidelines

F-58 December 1997

ENCLOSURES
DoD Base Reuse Implementation Manual

December 1997 F-59

Enclosure (1) Sample RAB Fact Sheet

RESTORATION ADVISORY BOARD (RAB)

(name and location of installation)

(add site-specific logo if available)

Background

At (name of installation) the (name of service) will be pursuing installation restoration activities as part of the

Department of Defense’s Installation Restoration Program (IRP). (Provide a brief description of the restoration activities 

projected at the installation.)

What is a RAB?

The RAB is an advisory body designed to act as a focal point for the exchange of information between (name of

installation) and the local community regarding restoration activities. The RAB is intended to bring together community 

members who reflect the diverse interests within the local community, enabling the early and continued two-way flow of 

information, concerns, values, and needs between the affected community and the installation.

RAB members will be asked to meet regularly and review and comment on technical documents and plans relating to 

the ongoing environmental studies and restoration activities at (name of installation). Members will be expected to serve 

as a liaison with the community and be available to meet with community members and groups. Membership terms will 

be decided by the RAB. All RAB meetings will be open to the public. Technical support staff will be available to provide 

informational support and explanation to RAB members.

How to Become a RAB Member

Community members interested in finding out more about the RAB are invited and encouraged to attend a

community meeting that (name of installation) will conduct on (date and time). At the meeting, you will learn about the 

purpose of the RAB, membership opportunities and responsibilities, and hear an update on the status of installation

restoration activities and future plans. RAB membership applications will be available at the community meeting. The 

community meeting will be held at the following address:

(List location, address, date, and time of meeting)

If you have questions about the RAB or are interested in applying for RAB membership, community interest forms may

also be obtained by contacting:

(List name, title, address, and telephone number of contact)

All Community Interest Forms must be received by (deadline for forms). Forms will be reviewed and approved by the

selection panel. The selection panel is organized by the Commanding Officer of (name of installation). The selection 

panel members are representatives from the DoD installation, state, community and EPA, as appropriate.

Enclosure (1) Sample RAB Fact Sheet (continued)

Community Expectations

Community members are expected to serve as volunteers on RABs to provide advice to the decision makers about

restoration plans for the (name of installation).
Restoration Advisory Board (RAB) Implementation Guidelines

F-60 December 1997

Enclosure (2) Sample RAB Public Notice

PUBLIC NOTICE

(name of installation)

Formation of Restoration Advisory Board

Membership Solicitation

The Department of Defense recognizes the importance of stakeholder participation for Installation Restoration Programs 

(IRP). Therefore, (name of installation) is announcing the establishment of a Restoration Advisory Board (RAB). The

RAB is intended to improve public participation by involving the community in the restoration decision-making process.

The existing Technical Review Committee (TRC) will be modified to become a RAB. The RAB will include community 

members who reflect the diverse interests of the local community. RAB members will be asked to review and comment 

on plans and activities relating to the ongoing environmental studies and restoration activities at (name of installation). 

RAB members will have the opportunity to provide input on activities that will accelerate the restoration. Members will 

also be expected to serve as a voluntary liaison between the community and the RAB and be available to meet with 

community members and/or groups. RAB meetings will be open to the public.

Community interest forms can be obtained by contacting:

(List name, title, address, and telephone number of contact[s])

Members will be expected to serve a one- to two-year term and attend RAB meetings regularly. Forms will be reviewed 

and approved by the selection panel. The selection panel members will be representatives from the (name of installation), 

(name of state environmental agency), the community, and the U.S. Environmental Protection Agency, as appropriate. 

To qualify, interested parties must be local residents of (name of cities or counties) that are impacted/affected by (name of 

installation).

The initial RAB information meeting will be held:

(list location, date, and time of meeting)

For additional information, please contact (name, address, and telephone number of contact).
DoD Base Reuse Implementation Manual

December 1997 F-61

Enclosure (3) Sample RAB Recruiting Letter

(Issued by Selection Panel)

RESTORATION ADVISORY BOARD FORMATION

Dear (name of community member):

The Department of Defense recognizes the importance of stakeholder participation in our Installation Restoration

Programs (IRP). Therefore, (name of installation) is announcing the establishment of a Restoration Advisory Board

(RAB). The RAB is intended to improve public participation by involving the community in the restoration decisionmaking process.

The RAB will include community volunteer members who reflect the diverse interests of the local community. RAB

members will have an opportunity to provide input on installation restoration activities. RAB community members can 

expect to spend (number of hours/days) per year supporting the RAB.

RAB members will be asked to meet regularly and review and comment on plans and activities relating to the ongoing 

environmental studies and restoration activities at (name of installation). RAB members will be expected to serve as a 

liaison with the community and be available to meet with community members and groups. Members will be expected to 

serve a term. All RAB meetings will be open to the public.

If you are interested in participating on the RAB for (name of installation), please complete the enclosed Community

Interest Form and return it to the following address not later than (deadline for applications):

(List name, address, and telephone number of contact)

Forms will be reviewed by a panel comprised of representatives from the community. The panel will nominate a list of 

community members for the RAB to the (name of installation) and appropriate regulatory agencies.

Sincerely,

(name of selection panel member)

Enclosure
Restoration Advisory Board (RAB) Implementation Guidelines

F-62 December 1997

Enclosure (4) Sample RAB Community Interest Form

COMMUNITY INTEREST FORM FOR

(NAME OF INSTALLATION) RESTORATION ADVISORY BOARD

Conditions for Membership:

Restoration Advisory Board (RAB) members are volunteering to serve a term and attend all RAB meetings. Duties and 

responsibilities will include reviewing and commenting on plans and activities associated with the Installation Restoration 

Program at (name of installation). Technical experts will be made available to the RAB. Members will be expected to be 

available to community members and groups to facilitate the exchange of information and/or concerns between the

community and the RAB. RAB community members can expect to devote approximately (number of hours/days) per year 

to support the RAB.

Priority for RAB membership will be given to local residents that are impacted/affected by the (name of installation).

Name: 

Address: 

Street Apt.# City State Zip

Phone: ( ) ( ) ( )

Daytime Home Fax 

1. (OPTIONAL) Are you affiliated with any group related to restoration or base closure activities? If yes, list the group 

and your position, if applicable.

2. Briefly state why you would like to participate on the RAB.

3. What has been your experience working as a member of a diverse group with common goals?
DoD Base Reuse Implementation Manual

December 1997 F-63

Enclosure 4: Sample RAB Community Interest Form (continued)

4. The community co-chairperson will be selected by community members of the RAB. Please indicate if you are

interested in being considered for the community co-chairperson position on the RAB.

 Yes, I would like to be considered.

5. Are you willing to voluntarily serve on the RAB?

 Yes, I am willing to serve.

6. By submitting this form, you are aware of the time commitment which this appointment will require of you.

PRIVACY ACT STATEMENT: The personal information requested on this form is being collected in order to

determine interest in and qualification for membership on the Restoration Advisory Board. The information will be

reviewed by a selection panel and will be retained in a file at (name of installation). The information will not be

disseminated. Providing information on this form is voluntary.
December 1997 F-63

DoD Policies on Asbestos, Lead-Based 

Paint, and Radon at Base Realignment 

and Closure Properties (31 October 

1994)
DoD Base Reuse Implementation Manual

December 1997 F-65

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Policies on Asbestos, Lead-Based Paint, and Radon at BRAC Properties

F-66 December 1997
DoD Base Reuse Implementation Manual

December 1997 F-67

DOD POLICY ON ASBESTOS

AT BASE REALIGNMENT AND CLOSURE PROPERTIES

Department of Defense (DoD) policy with regard to asbestos-containing material (ACM) is to manage ACM in 

a manner protective of human health and the environment, and to comply with all applicable Federal, State, and 

local laws and regulations governing ACM hazards. Therefore, unless it is determined by competent authority that 

the ACM in the property does pose a threat to human health at the time of transfer, all property containing ACM 

will be conveyed, leased, or otherwise disposed of as is through the Base Realignment and Closure (BRAC) 

process.

Prior to property disposal, all available information on the existence, extent, and condition of ACM shall be 

incorporated into the Environmental Baseline Survey (EBS) report or other appropriate document to be provided to 

the transferee. The survey report or document shall include:

— reasonably available information on the type, location, and condition of asbestos in any building or 

improvement on the property;

— any results of testing for asbestos;

— a description of any asbestos control measures taken for the property;

— any available information on costs or time necessary to remove all or any portion of the remaining 

ACM; however, special studies or tests to obtain this material are not required; and

— results of a site-specific update of the asbestos inventory performed to revalidate the condition of 

ACM.

Asbestos-containing material shall be remedied prior to property disposal only if it is of a type and condition 

that is not in compliance with applicable laws, regulations, and standards, or if it poses a threat to human health at 

the time of transfer of the property. This remediation should be accomplished by the active Service organization, 

by the Service disposal agent, or by the transferee under a negotiated requirement of the contract for sale or lease. 

The remediation discussed above will not be required when the buildings are scheduled for demolition by the 

transferee; the transfer document prohibits occupation of the buildings prior to the demolition; and the transferee 

assumes responsibility for the management of any ACM in accordance with applicable laws.
Policies on Asbestos, Lead-Based Paint, and Radon at BRAC Properties

F-68 December 1997

DOD POLICY ON LEAD-BASED PAINT

AT BASE REALIGNMENT AND CLOSURE PROPERTIES

Department of Defense (DoD) policy with regard to lead-based paint (LBP) is to manage LBP in a manner 

protective of human health and the environment, and to comply with all applicable Federal, State, and local laws 

and regulations governing LBP hazards. The Federal requirements for residential structures/dwellings with LBP 

on Base Realignment and Closure (BRAC) properties differ, depending on: (1) the date of property transfer; and 

(2) the date of construction of the residential housing being transferred.

DoD policy is to manage LBP at BRAC installations in accordance with either 24 CFR 35 or P.L. 102-550, at 

the Service's discretion, until January 1, 1995; and, thereafter, solely in accordance with P.L. 102-550. Residential 

structures/dwellings are as defined in the applicable regulation and any regulation issued pursuant thereto. The 

Military Components may apply this policy to any other structures they deem appropriate.

On January 1, 1995, and thereafter, the provisions of the Residential Lead-Based Paint Hazard Reduction Act 

of 1992 (Title X of P.L. 102-550) concerning the transfer of Federal property for residential use take effect. These 

provisions, codified at (in pertinent part) 42 U.S.C. 4822, 4851-4856, and 15 U.S.C. 2688, are applicable to target 

housing, which is housing constructed prior to 1978, with limited exceptions for housing for the elderly or persons 

with disabilities or any 0-bedroom dwelling.

Target housing constructed after 1960 and before 1978 must be inspected for LBP and LBP hazards. 

The results of the inspection must be provided to prospective purchasers or transferees of BRAC property, 

identifying the presence of LBP and LBP hazards on a surface-by-surface basis. There is no Federal LBP 

hazard abatement requirement for such property. In addition, prospective transferees must be provided a 

lead hazard information pamphlet and the contract for sale or lease must include a lead warning 

statement.

Target housing constructed before 1960 must be inspected for LBP and LBP hazards, and such 

hazards must be abated. The results of the LBP inspection will be provided to prospective purchasers or 

transferees of BRAC property identifying the presence of LBP and LBP hazards on a surface-by-surface 

basis and a description of the abatement measures taken. In addition, prospective transferees must be 

provided with a lead hazard information pamphlet and the contract for transfer must include a lead 

warning statement.

The inspection and abatement discussed above will not be required when the building is scheduled for 

demolition by the transferee and the transfer document prohibits occupation of the building prior to the demolition; 

the building is scheduled for non-residential use; or, if the building is scheduled for residential use, the transferee 

conducts renovation consistent with the regulatory requirements for the abatement of LPB hazards.

Effective January 1, 1995, DoD BRAC properties shall be transferred in accordance with any regulations 

implementing the Residential Lead-Based Paint Hazard Reduction Act of 1992. The Act also made Federal 

agencies subject to all Federal, State, interstate, and local substantive and procedural requirements respecting LBP 

and LBP hazards (see 15 U.S.C. 2688). Therefore, there may be more stringent local requirements applicable to 

Federal property transfers.
DoD Base Reuse Implementation Manual

December 1997 F-69

DOD POLICY ON RADON

AT BASE REALIGNMENT AND CLOSURE PROPERTIES

In response to concerns with the potential health effects associated with radon exposure, and in accordance 

with the Indoor Radon Abatement provisions of Subchapter III of the Toxic Substances Control Act, 26 U.S.C. 

2661 to 2671, the Department of Defense (DoD) conducted a study to determine radon levels in a representative 

sample of its buildings. In addition, as part of DoD's voluntary approach to reducing radon exposure, DoD has 

applied the Environmental Protection Agency (EPA) guidelines for residential structures with regard to remedial 

actions.

DoD policy is to ensure that any available and relevant radon assessment data pertaining to Base Realignment 

and Closure (BRAC) property being transferred shall be included in property transfer documents.

DoD policy is not to perform radon assessment and mitigation prior to transfer of BRAC property unless 

otherwise required by applicable law.
December 1997 F-69

DoD Guidance on Implementation of 

Authority to Transfer Property Before 

Completing Remediation

(24 September 1996)
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December 1997 F-71

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Guidance on Authority to Transfer Property Before Completing Remediation

F-72 December 1997

OFFICE OF THE UNDER SECRETARY OF DEFENSE

3000 DEFENSE PENTAGON

WASHINGTON DC 20301-3000

 24 SEPTEMBER 1996

MEMORANDUM FOR ASSISTANT SECRETARY OF THE ARMY (INSTALLATIONS, LOGISTICS 

AND ENVIRONMENT)

ASSISTANT SECRETARY OF THE NAVY (INSTALLATIONS AND 

ENVIRONMENT)

ASSISTANT SECRETARY OF THE AIR FORCE (MANPOWER, 

RESERVE AFFAIRS, INSTALLATIONS AND ENVIRONMENT)

DIRECTOR, DEFENSE LOGISTICS AGENCY

SUBJECT: Implementation of Authority to Transfer Property before Completing Remediation

The Fiscal Year 1997 Defense Authorization Act contains a provision (section 334) that modifies 

section 120(h)(3) of the Comprehensive Environmental Response, Cleanup, and Liability Act to allow 

contaminated federal real estate to be transferred to private parties before remedial action has been 

taken. Although this authority provides an opportunity for the Department to assist communities in 

expediting reuse of closing military installations, it also presents certain challenges in properly 

structuring the arrangement.

We will be working closely with you and the U.S. Environmental Protection Agency to revise 

our Fast-Track Cleanup guidances to ensure effective implementation of this provision consistent with 

the protection of human health and the environment. We anticipate focusing on existing procedures, 

particularly the steps outlined in the Finding of Suitability for Transfer guidance.

We encourage you to explore the use of this new authority with Restoration Advisory Boards, 

Local Reuse Authorities, and others with whom you are working. Until we have implementing 

guidance, however use of this provision will be addressed on a case-by-case basis and only after 

consultation with this office. Please notify this office at your earliest convenience when you and another 

party begin negotiations that may involve the use of this authority.

We look forward to working closely with you to ensure that we use this new authority 

effectively and with appropriate safeguards regarding our long term liability. For further information, 

please contact Mr. John Stowers at (703) 697-9746.

 {Original Signed}

 Sherri W. Goodman

 Deputy Under Secretary of Defense

 (Environmental Security)
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December 1997 F-73

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December 1997 F-73

DoD Guidance on Clarification of 

“Uncontaminated” Environmental 

Condition of Property at Base 

Realignment and Closure (BRAC) 

Installations

(21 October 1996)
DoD Base Reuse Implementation Manual

December 1997 F-75

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Guidance on Clarification of “Uncontaminated” Environmental Condition

F-76 December 1997

OFFICE OF THE UNDER SECRETARY OF DEFENSE

3000 DEFENSE PENTAGON

WASHINGTON DC 20301-3000

 21 OCTOBER 1996

MEMORANDUM FOR ASSISTANT SECRETARY OF THE ARMY (INSTALLATIONS, LOGISTICS 

AND ENVIRONMENT)

ASSISTANT SECRETARY OF THE NAVY (INSTALLATIONS AND 

ENVIRONMENT)

ASSISTANT SECRETARY OF THE AIR FORCE (MANPOWER, 

RESERVE AFFAIRS, INSTALLATIONS AND ENVIRONMENT)

DIRECTOR, DEFENSE LOGISTICS AGENCY (D)

SUBJECT: Clarification of "Uncontaminated" Environmental Condition of Property at Base 

Realignment and Closure (BRAC) Installations

Section 331 of the Fiscal Year 1997 National Defense Authorization Act clarified the meaning of 

"uncontaminated" by deleting the phrase "stored for one year or more" from Section 120(h)(4)(A) of the 

Comprehensive Environmental Response, Cleanup and Liability Act (CERCLA). Parcels of property on 

which hazardous substances or petroleum products may only have been stored for more than a year -

but not released or disposed of - are now deemed to be "uncontaminated." This change places greater 

emphasis on whether there has been a release or disposal of a hazardous substance in real property 

transfers under CERCLA. Definitions for the seven categories of environmental condition of property 

used in the BRAC cleanup process have been revised to conform with the new meaning of 

"uncontaminated" and are attached. The BRAC Cleanup Plan (BCP) Guidebook has been revised to 

conform to the new meaning and is being distributed separately. The revised definitions apply to all 

BRAC rounds and should be particularly helpful for completing the Community Environmental 

Response Facilitation Act (CERFA) evaluations for the BRAC 1995 installations.

The CERCLA 120 (h)(4) covenant can be given only if regulatory agencies concur with the 

"uncontaminated" determination; otherwise the CERCLA 120(h)(3) covenant must be used. Under the 

revised CERFA guidance contained in the May 18, 1996 DoD policy for "Fast-Track Cleanup at Closing 

Installations," regulatory concurrence on "uncontaminated" determinations for parcels of property may 

be obtained after the statutory CERFA deadline if the Component believes such concurrence would 

facilitate the transfer and reuse of the property. With the new meaning of "uncontaminated," 

Components may, during he Finding of Suitability to Transfer (FOST) process, look at whether property 

from BRAC rounds prior to BRAC 95 meets the new definition and seek regulatory concurrence.

I appreciate the assistance of your staffs in revising the definitions for the environmental 

condition of property. My staff point of contact is Mr. Shah A. Choudhury, at (703) 697-7475

 {Original Signed}

 Sherri W. Goodman

 Deputy Under Secretary of Defense

 (Environmental Security)
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December 1997 F-77

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December 1997 F-77

DoD Policy on Responsibility for 

Additional Environmental Cleanup After 

Transfer of Real Property (25 July 1997)
DoD Base Reuse Implementation Manual

December 1997 F-79

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Policy on Responsibility for Additional Environmental Cleanup

F-80 December 1997
DoD Base Reuse Implementation Manual

December 1997 F-81

DoD Policy on Responsibility for Additional Environmental Cleanup 

After Transfer of Real Property

Background. This policy is instituted within the framework established by land use planning 

practices and land use planning authorities possessed by communities, and the environmental 

restoration process established by statute and regulation. The land use planning and environmental 

restoration processes – two separate processes – are interdependent. Land use planners need to know 

the environmental condition of property in order to make plans for the future use of the land. Similarly, 

knowledge of land use plans is needed in order to ensure that environmental restoration efforts are 

focused on making the property available when needed by the community and that remedy selection is 

compatible with land use. This policy does not supplant either process, but seeks to integrate the two by 

emphasizing the need to integrate land use planning assumptions into the cleanup, and to notify the 

community of the finality of the cleanup decisions and limited circumstances under which DoD would 

be responsible for additional cleanup after transfer.

Cleanup Process. The Comprehensive Environmental Response, Compensation, and Liability 

Act (CERCLA, 42 USC 9601 et seq.) and the National Oil and Hazardous Substances Pollution 

Contingency Plan (NCP, 40 CFR 300) establish the requirements and procedures for the cleanup of sites 

that have been contaminated by releases of hazardous substances. CERCLA, furthermore, requires that 

a deed for federally owned property being transferred outside the government contain a covenant that 

all remedial action necessary to protect human health and the environment has been taken, and that the 

United States shall conduct any additional remedial action “found to be necessary” after transfer. 

Within the established restoration process, it is DoD’s responsibility, in conjunction with regulatory 

agencies, to select cleanup levels and remedies that are protective of human health and the environment. 

 The environmental restoration process also calls for public participation, so that the decisions made by 

DoD and the regulatory agencies have the benefit of community input.

Land Use Assumptions in Cleanup Process. Under the NCP, future land use assumptions are 

developed and considered when performing the baseline risk assessment, developing remedial action 

alternatives, and selecting a remedy. The NCP permits other-than-residential land use assumptions to 

be considered when selecting cleanup levels and remedies, so long as selected remedies are protective of 

human health and the environment. The U.S. Environmental Protection Agency (EPA) further amplified 

the role of future land use assumptions in the remedy selection process in its May 25, 1995, “Land Use in 

the CERCLA Remedy Selection Process" directive (OSWER Directive No. 9355.7-04).

Development of Land Use Plans. By law, the local community has been given principal 

responsibility for reuse planning for surplus DoD property being made available at Base Realignment 

and Closure (BRAC) installations. That reuse planning and implementation authority is vested in the 

Local Redevelopment Authority (LRA) described in the DoD Base Reuse Implementation Manual (DoD 

4165.66-M). The DoD Base Reuse Implementation Manual calls for the LRA to develop the community 

redevelopment plan to reflect the long term needs of the community. A part of the redevelopment plan 

is a “land use plan” that identifies the proposed land use for given portions of the surplus DoD 

property. The DoD is committed to working with local land use planning authorities, local government 

officials, and the public to develop realistic assumptions concerning the future use of property that will 

be transferred by DoD. The DoD will act on the expectation that the community land use plan 

developed by the LRA reflects the long-range regional needs of the community.

Use of Land Use Assumptions in the Cleanup Process. DoD environmental restoration efforts 

for properties that are to be transferred out of federal control will attempt, to the extent reasonably 

practicable, to facilitate the land use and redevelopment needs stated by the community in plans 
Policy on Responsibility for Additional Environmental Cleanup

F-82 December 1997

approved prior to the remedy selection decision. For BRAC properties, the LRA’s redevelopment plan, 

specifically the land use plan, typically will be the basis for the land use assumptions DoD will consider 

during the remedy selection process. For non-BRAC property transfers, DoD environmental restoration 

efforts will be similarly guided by community input on land use, as provided by the local government 

land use planning agency. In the unlikely event that no community land use plan is available at the time 

a remedy selection decision requiring a land use assumption must be made, DoD will consider a range 

of reasonably likely future land uses in the remedy selection process. The existing land use, the current 

zoning classification (if zoned by a local government), unique property attributes, and the current land 

use of the surrounding area all may serve as useful indicators in determining likely future land uses. 

These likely future land uses then may be used for remedy selection decisions which will be made by 

DoD (in conjunction with regulatory agencies) in accordance with CERCLA and the NCP.

DoD’s expectation is that the community at-large, and in particular the land use planning 

agency, will take the environmental condition of the property, planned remedial activities, and 

technology and resource constraints into consideration in developing their reuse plan. The February 

1996 “Guide to Assessing Reuse and Remedy Alternatives at Closing Military Installations” provides a 

useful tool for considering various possible land uses and remedy alternatives, so that cost and time 

implications for both processes can be examined and integrated. Obviously, early development of 

community consensus and publication of the land use plan by the LRA or the land planning agency will 

provide the stability and focus for DoD cleanup efforts.

Applicable guidelines in EPA’s May 25, 1995, "Land Use in the CERCLA Remedy Selection 

Process" Directive should be used in developing cleanup decisions using land use assumptions. For a 

remedy that will require restrictions on future use of the land, the proposed plan and record of decision 

(ROD) or other decision documents must identify the future land use assumption that was used to 

develop the remedy, specific land use restrictions necessitated by the selected remedy, and possible 

mechanisms for implementing and enforcing those use restrictions. Examples of implementation and 

enforcement mechanisms include deed restrictions, easements, inspection or monitoring, and zoning. 

The community and local government should be involved throughout the development of those 

implementation and enforcement mechanisms. Those mechanisms must also be valid within the 

jurisdiction where the property is located.

Enforcement of Land Use Restrictions. The DoD Component disposal agent will ensure that 

transfer documents for real property being transferred out of federal control reflect the use restrictions 

and enforcement mechanisms specified in the remedy decision document. The transfer document 

should also include a description of the assumed land use used in developing the remedy and the 

remedy decision. This information required in the transfer documents should be provided in the 

environmental Finding Of Suitability to Transfer (FOST) prepared for the transfer. The DoD 

Component disposal agent will also ensure that appropriate institutional controls and other 

implementation and enforcement mechanisms, appropriate to the jurisdiction where the property is 

located, are either in-place prior to the transfer or will be put in place by the transferee as a condition of 

the transfer. If it becomes evident to the DoD Component that a deed restriction or other institutional 

control is not being followed, the DoD Component will attempt to ensure that appropriate actions are 

taken to enforce the deed restriction.

The DoD expects the transferee and subsequent owners to abide by restrictions stated in the 

transfer documents. The DoD will reserve the right to enforce deed restrictions and other institutional 

controls, and the disposal agent will ensure that such language is also included in the transfer 

documents. If DoD becomes aware of action or inaction by any future owner that will cause or threaten 

to cause a release or cause the remedy not to perform effectively, DoD also reserves the right to perform 

such additional cleanup necessary to protect human health and the environment and then to recover 

costs of such cleanup from that owner under the terms of the transfer document or other authority.
DoD Base Reuse Implementation Manual

December 1997 F-83

Circumstances Under Which DoD Would Return to do Additional Cleanup. A determination 

may be made in the future that the selected remedy is no longer protective of human health and the 

environment because the remedy failed to perform as expected, or because an institutional control has 

proven to be ineffective, or because there has been a subsequent discovery of additional contamination 

attributable to DoD activities. This determination may be made by DoD as a part of the remedy review 

process, or could be a regulatory determination that the remedy has failed to meet remediation 

objectives. In these situations, the responsible DoD Component disposing of the surplus property will, 

consistent with CERCLA Section 120(h), perform such additional cleanup as is both necessary to remedy 

the problem and consistent with the future land use assumptions used to determine the original remedy. 

Additionally, after the transfer of property from DoD, applicable regulatory requirements may be 

revised to reflect new scientific or health data and the remedy put in place by DoD may be determined 

to be no longer protective of human health and the environment. In that circumstance, DoD will 

likewise, consistent with CERCLA Section 120(h), return to perform such additional cleanup as would 

be generally required by regulatory agencies of any responsible party in a similar situation. Also note 

that DoD has the right to seek cost recovery or contribution from other parties for additional cleanup 

required for contamination determined not to have resulted from DoD operations.

Circumstance Under Which DoD Would Not Return to do Additional Cleanup. Where 

additional remedial action is required only to facilitate a use prohibited by deed restriction or other 

appropriate institutional control, DoD will neither perform nor pay for such additional remedial action. 

It is DoD’s position that such additional remedial action is not “necessary” within the meaning of 

CERCLA Section120(h)(3). Moreover, DoD's obligation to indemnify transferees of closing base 

property under Section 330 (of the Fiscal Year 1993 Defense Authorization Act) would not be applicable 

to any claim arising from any use of the property prohibited by an enforceable deed restriction or other 

appropriate institutional control.

Changes to Land Use Restrictions after Transfer. Deed restrictions or other institutional 

controls put in place to ensure the protectiveness of the remedy may need to be revised if a remedy has 

performed as expected and cleanup objectives have been meet. For example, the specified groundwater 

cleanup levels have been reached after a period of time. In such a case, the DoD Component disposing 

of the surplus property will initiate action to revise the deed restrictions or other institutional controls, 

as appropriate.

DoD will also work cooperatively with any transferee of property that is interested in revising 

or removing deed restrictions in order to facilitate a broader range of land uses. Before DoD could 

support revision or removal, however, the transferee would need to demonstrate to DoD and the 

regulators, through additional study and/or remedial action undertaken and paid for by the transferee, 

that a broader range of land uses may be undertaken consistent with the continued protection of human 

health and the environment. The DoD Component, if appropriate, may require the transferee to provide 

a performance bond or other type of financial surety for ensuring the performance of the additional 

remedial action. The transferee will need to apply to the DoD Component disposal agent for revision or 

removal of deed restrictions or other institutional controls. Effective immediately, the process for 

requesting the removal of such restrictions by a transferee should be specified by the disposal agent in 

the documents transferring property from DoD.

Making those revisions or changes will be considered by DoD to be an amendment of the 

remedy decision document. Such an amendment will follow the NCP process and require the 

participation by DoD and regulatory agencies, as well as appropriate public input.

Disclosure by DoD on Using Future Land Use in Remedy Selection. A very important part of this 

policy is that the community be informed of DoD’s intent to consider land use expectations in the 

remedy selection process. At a minimum, disclosure shall be made to the Restoration Advisory Board 

(or other similar community group), the LRA (if BRAC) or other local land use planning authority, and 
Policy on Responsibility for Additional Environmental Cleanup

F-84 December 1997

regulatory agencies. The disclosure to the community for a specific site shall clearly communicate the 

basis for the decision to consider land use, any institutional controls to be relied upon, and the finality of 

the remedy selection decision, including this policy. In addition, any public notification ordinarily made 

as part of the environmental restoration process shall include a full disclosure of the assumed land use 

used in developing the remedy selected.
DoD Base Reuse Implementation Manual

December 1997 F-85

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December 1997 G-1

Appendix G

Federal Points of Contact for 

Base Reuse

I. DEPARTMENT OF DEFENSE

AIR FORCE

Albert (Al) F. Lowas, Jr., Acting Director

Air Force Base Conversion Agency

1700 N. Moore Street

Suite 2300

Arlington, VA 22209-2802

(703) 696-5501; fax 8844

ARMY

COL R. Gary Dinsick

Chief, Army Base Realignment and Closure 

Office

HQDA, ACSIM, DAIM-BO

600 Army Pentagon

Washington, DC 20310-0600

(703) 693-3500; fax 697-7440

NAVY

Harry H. Zimmerman

Executive Director

Base Closure Office

Naval Facilities Engineering Command

200 Stovall Street

Alexandria, VA 22332-2300

(703) 325-0480; fax 0136

BASE CLOSURE & COMMUNITY 

REINVESTMENT

Paul J. Dempsey, Director

Base Closure & Community Reinvestment

Department of Defense

400 Army Navy Drive, Suite 200

Arlington, VA 22202-2884

(703) 604-6020; fax 602-0319

OFFICE OF ECONOMIC ADJUSTMENT

Helene M. O’Connor, Acting Director

Office of Economic Adjustment

Department of Defense

400 Army Navy Drive, Suite 200

Arlington, VA 22202-2884

(703) 604-5948; fax 5843

BASE CLOSURE & TRANSITION 

OFFICE 

John Desiderio, Acting Director

Base Closure & Transition Office

Department of Defense

400 Army Navy Drive, Suite 110

Arlington, VA 22202-2884

(703) 604-2386; fax 2468

II. TRANSITION ASSISTANCE

Department of Defense

CIVILIAN PERSONNEL

Charlie Rogers

DoD Civilian Personnel and Management 

Service

Chief, Civilian Assistance and 

Re-Employment (CARE)

1400 Key Boulevard, 6th Floor

Rosslyn, VA 22209-5144

(703) 696-1797; fax 5416

HOMEOWNERS’ ASSISTANCE 

PROGRAM

John Downey

Headquarters

U.S. Army Corps of Engineers

ATTN: CERE-RP (Downey)

20 Massachusetts Avenue, NW

Washington, DC 20314

(202) 761-8987; fax 1035

Department of Education

Catherine Shagh

Impact Aid Program

U.S. Department of Education

600 Independence Avenue, SW

Mail Stop 6244

Washington, DC 20202

(202) 260-3907; fax 205-0088
Federal Points of Contact for Base Reuse

G-2 December 1997

Department of Labor

RETRAINING AND READJUSTMENT 

SERVICES FOR DISLOCATED WORKERS

REGION I—BOSTON

Robert J. Semler

Regional Administrator

U.S. Department of Labor/ETA

JFK Federal Bldg., Room E350

Boston, MA 02203

(617) 565-3630; fax 2229

REGION II—NEW YORK

Albert L. Garizio

Deputy Regional Administrator

U.S. Department of Labor/ETA

201 Varick Street, Room 755

New York, NY 10014

(212) 337-2149; fax 2144

REGION III—PHILADELPHIA

Edwin George Strong, Jr.

Regional Administrator

U.S. Department of Labor/ETA

P.O. Box 8796

3535 Market Street, Room 13300

Philadelphia, PA 19104

(215) 596-6336; fax 0329

REGION IV—ATLANTA

Toussaint L. Hayes

Regional Administrator

U.S. Department of Labor/ETA

61 Forsyth Street, SW, Room 6M12

Atlanta, GA 30303

(404) 562-2092, fax 2149

REGION V—CHICAGO

Melvin Howard

Acting Regional Administrator

U.S. Department of Labor/ETA

230 S. Dearborn Street, Room 638

Chicago, IL 60604

(312) 353-0313; fax 4474

REGION VI—DALLAS

Joseph Juarez

Regional Administrator

U.S. Department of Labor/ETA

Federal Building, Room 317

525 Griffin Street

Dallas, TX 75202

(214) 767-8263; fax 5113

REGION VII—KANSAS CITY

William M. Hood

Regional Administrator

U.S. Department of Labor/ETA

City Center Square

1100 Main Street, Suite 1050

Kansas City, MO 64105

(816) 426-3796; fax 2729

REGION VIII—DENVER

Peter E. Rell

Regional Administrator

U.S. Department of Labor/ETA

1999 Broadway Street, Suite 1780

Denver, CO 80202-5716

(303) 844-1650; fax 1685

REGION IX—SAN FRANCISCO

Armando Quiroz

Regional Administrator

U.S. Department of Labor/ETA

71 Stevenson Street, Room 830

San Francisco, CA 94119

(415) 975-4610; fax 4612

REGION X—SEATTLE

Michael Brauser

Regional Administrator

U.S. Department of Labor/ETA

1111 Third Avenue, Suite 900

Seattle, WA 98101-3212

(206) 553-7700; fax 0098

III. PUBLIC-PURPOSE CONVEYANCES

Airport Conveyances

FAA REGIONAL OFFICES

NEW ENGLAND

William Cronan

12 New England Executive Park

Burlington, MA 01803

(617) 238-7624; fax 7608

EASTERN REGION

William Degraaff

JFK International Airport

Fitzgerald Federal Building

Jamaica, NY 11430

(718) 553-3335; fax 995-2052

SOUTHERN REGION

Jim Castleberry

P.O. Box 20636

Atlanta, GA 30320

(404) 305-6727; fax 6730

GREAT LAKES REGION

Scott Snyder

2300 E. Devon Avenue

Des Plaines, IL 60018

(847) 294-7538; fax 7046

Bob Benko

2300 E. Devon Avenue

Des Plaines, IL 60018

(847) 294-7674; fax 7046

CENTRAL REGION

Jan Monroe

601 E. 12th Street

Kansas City, MO 64106

(816) 426-4738; fax 3265

SOUTHWEST REGION

Dean McMath

2601 Meacham Blvd.

Fort Worth, TX 76137

(817) 222-5617; fax 5984

NORTHWEST MOUNTAIN

Sarah Dalton

1601 Lind Avenue, SW

Renton, WA 98055

(206) 227-2615; fax 1600

WESTERN PACIFIC REGION

Richard Dykas

FAA-AWP 613

P.O. Box 92007

Los Angeles, CA 90009

(310) 725-3613; fax 536-8602

Educational Conveyances

HEADQUARTERS AND WESTERN AREA

(All states west of the Mississippi River (except MN), 

AK, HI, American Samoa, Guam and the Trust 

Territory of the Pacific Islands)

David B. Hakola

Director, Real Property Group

Office of Management

U.S. Department of Education

Room 2339—FOB#10B

600 Independence Avenue, SW

Washington, DC 20202-4553

(202) 401-0506; fax 0828

EASTERN AREA

(MN, all states east of the Mississippi River, Puerto 

Rico, and the U.S. Virgin Islands)

Peter A. Wieczorek

Director, Eastern Operations

Federal Real Property Assistance Program

U.S. Department of Education

J.W. McCormack PO & Courthouse

Room 536

Boston, MA 02109

(617) 223-9321; fax 4924

Health Conveyances

Brian Rooney, Chief

Real Property Branch

Division of Property Management

Room 5B17, Parklawn Building

5600 Fishers Lane

Rockville, MD 20857

(301) 443-2265; fax 0084
DoD Base Reuse Implementation Manual

December 1997 G-3

Homeless Review and 

Certification

Bill Poythress

Coordinator

Base Redevelopment Team

U.S. Department of Housing and Urban 

Development

75 Spring Street, SW

Atlanta, GA 30303

(404) 331-5001 x2546; fax 6997

It is recommended that communities consult 

with the local HUD field office in developing 

an outreach program. This office will direct 

you to the appropriate HUD staff.

Highway Conveyances

William Todd

Federal Highway Administration

Realty Specialist

Office of Rights of Way

U.S. Department of Transportation

Room 3221

400 Seventh Street, SW

Washington, DC 20590

(202) 366-2024; fax 3780

Historic Monument Transfers

NATIONAL OFFICE

Thomas C. Jester, Manager

Historic Surplus Property Program

Heritage Preservation Services (2255)

National Park Service

1849 C Street, NW

Washington, DC 20240

(202) 343-9578; fax 3803

ALASKA REGION

(AK)

Linda Cook

National Park Service

Alaska Regional Office

2525 Gambell Street, Room 107

Anchorage, AK 99503

(907) 257-2668

COLUMBIA CASCADES SUPPORT 

OFFICE

(ID, WA, OR)

Hank Florence

National Park Service

909 First Avenue

Seattle, WA 98104

(206) 220-4138

GREAT LAKES SUPPORT OFFICE

(IL, IN, MI, MN, OH, WI)

Diane Miller

National Park Service

1079 Jackson Street

Omaha, NE 68102

(402) 221-3426

GREAT PLAINS SUPPORT OFFICE

(AR, IA, KS, MO, NE, SD, ND)

Craig Kenkel

National Park Service

1079 Jackson Street

Omaha, NE 68102

(402) 221-3428

PACIFIC GREAT BASIN AND PACIFIC 

ISLAND SUPPORT OFFICE

(AS, CA, CM, FM, GU, HI, NV, Marshall Islands, Palau)

Michael Crowe

National Park Service

P.O. Box 36063

San Francisco, CA 94107

(415) 427-1398

PHILADELPHIA SUPPORT OFFICE

(CT, DE, DC, ME, MD, MA, NH, NJ, NY, PA, RI, VT, 

VA, WV)

Lisa McCann

National Park Service

Second and Chestnut Streets, 3rd Floor

Philadelphia, PA 19106

(215) 597-0651; fax 0932

ROCKY MOUNTAIN SUPPORT OFFICE

(MT, WY, CO, UT)

Greg Kendrick

National Park Service

12795 West Alameda Parkway

P.O. Box 25287

Denver, CO 80225

(303) 969-2894

SOUTHEAST REGIONAL OFFICE

(AL, FL, GA, KY, LA, MS, NC, PR, SC, TN, VI)

Frank Miele

National Park Service

Atlanta Federal Center

1924 Building

100 Alabama Street, SW

Atlanta, GA 30303

(404) 562-3171

SOUTHWEST SUPPORT OFFICE

(AZ, NM, TX, OK)

Catherine Colby

National Park Service

P.O. Box 728

Santa Fe, NM 87504

(505) 988-6788

Park Land and Recreation 

Conveyances

NATIONAL OFFICE

Wendy E. Ormont

Manager, Federal Lands-to-Parks Program

National Park Service

1849 C Street NW

Room 3625 (MS-2230)

Washington, DC 20240-0001

(202) 565-1200; fax 1204

NORTH ATLANTIC REGION

(CT, IL, IN, IO, KS, ME, MA, MI, MN, MO, NE, NH, 

NY, NJ, ND, OH, RI, SD, VT, WI)

John T. Kelly

Northeast Regional Office

National Park Service

15 State Street

Boston, MA 02109

(617) 223-5190; fax 5164

APPALACHIAN SYSTEM SUPPORT 

 CENTER

(AL, AR, DE, FL, GA, LA, MD, KY, MS, NC, OK, PA, 

SC, TN, TX, VA, WV, Puerto Rico, Virgin Islands, 

and DC)

Bill Huie

Southeast Regional Office

National Park Service

100 Alabama Street, SW

Atlanta, GA 30303

(404) 562-3175; fax 3246

WESTERN REGION

(AK, AZ, CA, CO, HI, ID, MT, NV, NM, OR, UT, WA, 

WY, and American Samoa, Guam and the 

Northern Mariana Islands)

Gary Munsterman

Western Regional Office

National Park Service

600 Harrison Street, Suite 600

San Francisco, CA 94107-1372

(415) 427-1444; fax 4043

Port Conveyances

Bill Aird

Office of Ports and Domestic Shipping

Maritime Administration

U.S. Department of Transportation

Room 7201

400 Seventh Street, SW

Washington, DC 20590

(202) 366-1901; fax 6988

Conservation Conveyances

Jeffery M. Donahoe, Chief 

Division of Realty

U.S. Fish and Wildlife Service

4401 North Fairfax Drive, Room 622

Arlington, VA 22203

(703) 358-1713; fax 2223

Mike Spear

Regional Director, Region 1

U.S. Fish and Wildlife Service

911 N.E. 11th Avenue

Portland, OR 97232-4181

(503) 231-6118; fax 872-2716

Nancy Kaufman

Regional Director, Region 2

U.S. Fish and Wildlife Service

P.O. Box 1306

Albuquerque, NM 87103

(505) 248-6282; fax 6910

William F. Hartwig

Regional Director, Region 3

U.S. Fish and Wildlife Service

One Federal Drive

Fort Snelling, MN 55111- 4056

(612) 725-3563; fax 3501

Marvin E. Moriarty

Acting Regional Director, Region 4

U.S. Fish and Wildlife Service

1875 Century Boulevard

Atlanta, GA 30345

(404) 679-4000; fax 4006

Ron Lamertson

Regional Director, Region 5

U.S. Fish and Wildlife Service

300 Westgate Center Drive

Hadley, MA 01035-9589

(413) 253-8200; fax 8308
Federal Points of Contact for Base Reuse

G-4 December 1997

Ralph O. Morgenweck

Regional Director, Region 6

U.S. Fish and Wildlife Service

P.O. Box 25486

Denver, CO 80225

(303) 236-7920; fax 8295

David B. Allen

Regional Director, Region 7

U.S. Fish and Wildlife Service

1011 East Tudor Road

Anchorage, AK 99503

(907) 786-3542; fax 3306

Prison Conveyances

David Dorworth

Chief, Site Selection and

 Environmental Review

Bureau of Prisons

500 First Street, NW

Washington, DC 20534

(202) 514-6470; fax 616-6024

IV. OTHER PROPERTY DISPOSAL CONTACTS

American Indians and Alaskan 

Natives

Harriet Brown

Special Assistant

Office of the Secretary

Department of the Interior

1849 C Street, NW

Mail Stop 5100

Washington, DC 20240

(202) 208-7324; fax 5320

Economic Development 

Conveyances

Paul J. Dempsey, Director

Base Closure & Community Reinvestment

Department of Defense

400 Army Navy Drive, Suite 200

Arlington, VA 22202-2884

(703) 604-6020; fax 602-0319

V. ENVIRONMENTAL CONTACTS

Department of Defense

ENVIRONMENTAL CLEANUP

Shah A. Choudhury

Office of the Assistant Deputy Under 

Secretary of Defense for Environmental 

Security/Environmental Cleanup

3400 Defense Pentagon

Washington, DC 20301-3400

(703) 697-7475; fax 695-4981

NEPA ISSUES

Len Richeson

Office of the Assistant Deputy Under 

Secretary of Defense for Environmental 

Security/Environmental Quality

3400 Defense Pentagon

Washington, DC 20301-3400

(703) 604-0518; fax 4237

AIR FORCE

John Smith

AFBCA/EV

1700 N. Moore Street

Suite 2300

Arlington, VA 22209-2802

(703) 696-5534; fax 8833

ARMY

Dr. Robert York

Chief

Commander

U.S. Army Environmental Center

Environmental Restoration Division

Bldg. E-4480

Aberdeen Proving Ground, MD 21010-5401

(410) 671-3618; fax 1548

NAVY

Dr. James Wright

Director, Environmental Program 

Directorate

Naval Facilities Engineering Command

200 Stovall Street

Alexandria, VA 22332

(703) 325-0295; fax 0183

Environmental Protection 

Agency

James E. Woolford

Director, Federal Facilities Restoration and 

Reuse Office

401 M Street, SW

Mailcode 5101

Washington, DC 20460

(202) 260-1606; fax 5646

VI. SITE IMPROVEMENTS / BUSINESS DEVELOPMENT / PROJECT

PLANNING AND IMPLEMENTATION

U.S. Department of Commerce

OFFICE OF ECONOMIC CONVERSION 

INFORMATION (OECI)

A joint venture of the Department of Defense 

(OEA) and the Department of Commerce 

(EDA). OECI is a clearinghouse of information 

needed to anticipate, plan for, and respond to 

defense downsizing. Access:

Phone: (800) 345-1222 or (202) 482-3901

TDD: (202) 501-0868

Modem: (800) 352-2949 or (202) 377-2848

Internet: http://netsite.esa.doc.gov/oeci/

ECONOMIC DEVELOPMENT 

ADMINISTRATION

(Planning and implementation assistance, 

infrastructure, revolving loan funds, incubators, 

etc.)

EDA HEADQUARTERS

David Witschi

Director, Economic Adjustment

Economic Development Administration

U.S. Department of Commerce

Room 7327

14th and Constitution Avenue, NW

Washington, DC 20230

(202) 482-2659; fax 3742

EDA REGIONAL OFFICES

Atlanta Region

William J. Day, Jr., Regional Director

Atlanta Regional Office

Economic Development Administration

401 West Peachtree Street, NW, Suite 1820

Atlanta, GA 30308-3510

(404) 730-3002; fax 3025

Austin Region

Pedro R. Garza

Regional Director

Austin Regional Office

Economic Development Administration

903 San Jacinto Boulevard

Austin, TX 78701-2450

(512) 916-5463; fax 5613
DoD Base Reuse Implementation Manual

December 1997 G-5

Chicago Region

C. Robert Sawyer

Acting, Regional Director

Chicago Regional Office

Economic Development Administration

111 North Canal Street, Suite 855

Chicago, IL 60606-7204

(312) 353-7706; fax 8575

Denver Region

John Woodward, Regional Director

Denver Regional Office

Economic Development Administration

1244 Speer Boulevard, Room 670

Denver, CO 80204 

(303) 844-4714; fax 3968

Philadelphia Region

John E. Corrigan, Director 

Philadelphia Regional Office

Economic Development Administration

Curtis Center

Independence Square West, Suite 140

Philadelphia, PA 19106

(215) 597-4603; fax 6669

Seattle Region

A. Leonard Smith, Regional Director

Seattle Regional Office

Economic Development Administration

Jackson Federal Building, Room 1856

915 Second Avenue

Seattle, WA 98174

(206) 220-7660; fax 7659

Department of Housing and 

Urban Development

NON-ENTITLEMENT AREA PLANNING 

GRANTS

James Selvaggi

Director, Operations EZ/EC

U.S. Department of Housing and Urban 

Development

451 7th Street, SW, Room 7146

Washington, DC 20410

(202) 708-3773 x4647; fax 7543

Small Business 

Administration

BUSINESS DEVELOPMENT

Through the Regional Offices, tap into the 

Service Corps for Retired Executives (SCORE); 

Small Business Development Centers; Business 

Information Centers; and SBA Financing 

Programs including Guaranteed Business Loan 

Program, Capline (revolving line of credit), 

Low Doc, Microloans, 504 Loans, Export 

Revolving Line of Credit, Women’s Prequalification Program, and Defense Loans.

TECHNOLOGY TRANSFER PROGRAM

Office of Veterans Affairs

(202) 205-6773

ON-LINE NATIONAL BULLETIN 

BOARD

(900) 463-4636

(202) 401-9600 (DC Only)

GENERAL QUESTIONS

SBA Answer Desk: (800) 827-5722

SBA HEADQUARTERS

Greg Diercks

DELTA National Program Manager

Office of Financial Assistance

U.S. Small Business Administration

409 3rd Street, SW, 8th Floor

Washington, DC 20416

(202) 205-7538; fax 0617

SBA REGIONAL OFFICES

Region I

Patrick K. McGowan

Regional Administrator

U.S. Small Business Administration

10 Causeway Street, Suite 812

Boston, MA 02222-1093

(617) 565-8415; fax 565-8420

Region II

Thomas M. Bettridge

Regional Administrator

U.S. Small Business Administration

26 Federal Plaza, Room 3108

New York, NY 10278

(212) 264-1450; fax 0038

Region III

Susan McCann

Regional Administrator

U.S. Small Business Administration

475 Allendale Road, Suite 201

King of Prussia, PA 19406

(610) 962-3710; fax 3743

Region IV

Billy Max Paul

Regional Administrator

U.S. Small Business Administration

1720 Peachtree Road, NW

Suite 496

Atlanta, GA 30309-2482

(404) 347-4999; fax 2355

Region V

Peter W. Barca

Regional Administrator

U.S. Small Business Administration

500 West Madison

Suite 1240

Chicago, IL 60661-2511

(312) 353-0357; fax 3426

Region VI

James Breedlove

Regional Administrator

U.S. Small Business Administration

4300 Amon Center Blvd., Suite 108

Dallas, TX 76155

(817) 885-6581; fax 6588

Region VII

Bruce W. Kent

Regional Administrator

U.S. Small Business Administration

323 West Eighth Street, Suite 307

Kansas City, MO 64105

(816) 374-6380; fax 6339

Region VIII

Thomas J. Redder

Regional Administrator

U.S. Small Business Administration

721 19th Street, Suite 400

Denver, CO 80202-2599

(303) 844-0500; fax 0506

Region IX

Viola Canales

Regional Administrator

U.S. Small Business Administration

455 Market Street, Suite 2200

San Francisco, CA 94105

(415) 744-2118; fax 2119

Region X

Gretchen Sorensen

Regional Administrator

U.S. Small Business Administration

1200 Sixth Avenue, Suite 1805

Seattle, WA 98101-1128

(206) 553-5676; fax 4155
Federal Points of Contact for Base Reuse

G-6 December 1997

VII. BASE TRANSITION COORDINATORS

Air Force

CARSWELL AFB

Mr. Olen Long

Base Transition Coordinator

AFBCA/DC

6550 White Settlement Road

Carswell AFB, TX 76127-3520

(817) 731-8284; fax 8137

CASTLE AFB/ONIZUKA

Vacant

Base Transition Coordinator

3450 C Street, Room 2

Atwater, CA 95301

(209) 726-4375; fax 4377

CHANUTE AFB

Mr. John DeBack

Base Transition Coordinator

DoD Base Transition Field Office

ATTN: DDMT-DO/Bldg. 144, 

 Room 140B

2163 Airways Boulevard

Memphis, TN 38114-5210

(901) 544-0622; fax 0623

EAKER AFB

Mr. Bob Lackey

Base Transition Coordinator

c/o AFBCA/OL-J

P.O. Box 9400

Gosnell, AR 72319-0400

(501) 532-6550; fax 8738

GRIFFISS AFB

Mr. Angus McKinnon

Base Transition Coordinator

153 Brooks Road (AFBCA)

Rome, NY 13441-4501

(315) 330-2206; fax 4572; DSN 587

GRISSOM AFB/WURTSMITH AFB

Mr. Chris Smith

Base Transition Coordinator

1 Hoosier Boulevard

Building 1

Grissom ARB, IN 46971-5000

(765) 688-8934; fax 2871; DSN 928

KELLY AFB

Mr. John C. McCarthy

Base Transition Coordinator

143 Billy Mitchell Boulevard

SA-ALC/PR, Suite 1

Kelly AFB, TX 78241-6014

(210) 925-2001; fax 0644; DSN 945

K.I. SAWYER AFB

Mr. Larry Coehoorn

Base Transition Coordinator

407 1st Street

Gwinn, MI 49841

(906) 346-3090 x34; fax 3111

LORING AFB

Mr. Robert Wunderlich

Base Transition Coordinator

5100 Texas Road

P.O. Box 302

Limestone, ME 04750-0302

(207) 328-6548; fax 7131

LOWRY AFB

Mr. Lawrence Beach

Base Transition Coordinator

Attn: MCGH-BC

Commander Fitzsimons AMC

Aurora, CO 80045-5000

(303) 361-4992; fax 4896; DSN 943

MARCH AFB

Mr. Gerald Maneri

Base Transition Coordinator

Building 3408

P. O. Box 7480

Moreno Valley, CA 92552

(909) 697-6726; fax 6727

MCCLELLAN AFB

Mr. Richard J. Bennecke

Base Transition Coordinator

3237 Peacekeeper Way, Suite 2

McClellan AFB, CA 95652-1044

(916) 643-6834; fax 3624; DSN 633

MYRTLE BEACH AFB

Mr. Richard Williams

Base Transition Coordinator

1051 Shine Avenue

Myrtle Beach, SC 29577-1501

(803) 238-6199; fax 828-4075

PLATTSBURGH AFB

Mr. Kenneth Hynes

Base Transition Coordinator

426 U.S. Oval, Suite 1190

Plattsburgh, NY 12903

(518) 563-2979; fax 2971

REESE AFB

Mr. Ronald L. Kuhl

c/o LRRA

Base Transition Coordinator

300 Reese Boulevard, Suite 204

Reese AFB, TX 79416-0204

(806) 885-6183; fax 6003; DSN 838

RICHARDS-GEBAUR ARB

Mr. Garey Reeves

Base Transition Coordinator

AFBCA/OL-Q

15471 Hangar Road

Kansas City, MO 64147-1220

(816) 348-2511 x22; fax 2515

RICKENBACKER ANGB

Mr. Richard McQuiston

Base Transition Coordinator

c/o AFBCA

7556 South Perimeter Road

Columbus, OH 43217-5910

(614) 492-8065 x19; fax 8074

Navy

MCAS EL TORO

COL Jim Ritchie/Mr. Peter Ciesla

COMCABWEST, BRAC, CODE 1AS

MCAS EL TORO

P.O. Box 95001

Santa Ana, CA 92709-5001

(714) 726-2679/3389; fax 3394; DSN 

997

MCASTUSTIN

COL Jim Ritchie/Mr. Alan Murphy

HQ RON MC EL TORO

Attn: 1AS BRAC

P. O. Box 95002

Santa Ana, CA 92709-5001

(714) 726-5305; fax 5310, DSN 997

NAF ADAK

Vacant

Naval Base Seattle Code 31

1103 Hunley Road

Silverdale, WA 98315-1103

(360) 315-5310; fax 5305; DSN 377

NAS AGANA/GUAM NA

Mr. Leland Munson

Base Transition Coordinator

CDR Naval Forces Marianas Guam

PSC 455 Box 152

FPO AP 96540-1000

011 (671) 339-5442/3/4; fax 5145/5399; 

DSN 349

NAS ALAMEDA

Mr. David Haase

Base Transition Coordinator

Naval Facilities Engineering Command

Engineering Field Activity West, (Code 

61.2)

900 Commodore Drive

San Bruno, CA 94066-5006

(650) 224-3043; fax 3010; DSN 494

NAS BARBERS POINT

Mr. Roger Au

Base Transition Coordinator

Building 1

Naval Air Station

Barbers Point, HI 96862-5050

(808) 684-0735; fax 4020

NAS CECIL FIELD

Mr. Richard Donoghue

Base Transition Coordinator

Box 200, Building 2

Naval Air Station Cecil Field

Jacksonville, FL 32215-0108

(904) 778-6951; fax 6954; DSN 860

NAS DALLAS

CDR James King

Base Transition Coordinator

Naval Air Station Dallas

Dallas, TX 75211-9501

(972) 266-6100; fax 6207; DSN 874
DoD Base Reuse Implementation Manual

December 1997 G-7

NAS GLENVIEW

LT Joe McConnell

Base Transition Coordinator

c/o Caretaker Site Office

2900 D Avenue

Glenview, IL 60025

(847) 657-1100; fax 1109; DSN 932

NAS MEMPHIS

Vacant

Base Transition Coordinator

7800 3rd Avenue

Millington, TN 38054

(901) 874-7454; fax 5649; DSN 966

NAS SOUTH WEYMOUTH

CAPT Robert Duetsch

Base Transition Coordinator

South Weymouth NAS

1134 Main Street

South Weymouth, MA 02190-5000

(781) 682-2188; fax 2189; DSN 955

NAVBASE CHARLESTON

Mr. Thomas Fressilli

Base Transition Coordinator

P.O. Box 190010

N. Charleston, SC 29419-9010

(803) 743-9985 x20; fax 9947; DSN 563

NAVBASE HUNTERS POINT 

ANNEX

Mr. David L. Haase

Base Transition Coordinator

Naval Facilities Engineering Command

Engineering Field Activity West, (Code 

61.2)

900 Commodore Drive

San Bruno, CA 94066-5006

(415) 244-3043; fax 3010; DSN 494

NAVBASE PHILADELPHIA

CDR Timothy Smith

Base Transition Coordinator

Northern Division ROICC

Philadelphia Naval Base

P.O. Box 36174

Philadelphia, PA 19112-0174

(215) 897-6034; fax 6035; DSN 443

NAVBASE SAND POINT

Mr. Richard K. Stoll

Base Transition Coordinator

c/o Engineering Field Activity NW

19512 7th Ave. NE

Poulsbo, WA 98370

(360) 396-0065; fax 0857; DSN 721

TREASURE ISLAND/OAKLAND 

NH/FISC (MAIN)/(PT MOLATE)

Mr. David L. Haase

Base Transition Coordinator

Naval Facilities Engineering Command

Engineering Field Activity West (Code 

61.2)

900 Commodore Drive

San Bruno, CA 94066-5006

(415) 244-3043; fax 3010; DSN 494

NAVSTA/NSY LONG BEACH

LCDR Anthony DiDomenico

Base Transition Coordinator

Naval Station Long Beach 

Building 5

Long Beach, CA 90822-5080

(562) 980-2720; fax 2570; DSN 360

NAVSTA NEW YORK (STATEN 

ISLAND)

LCDR Marty Pondelick

Base Transition Coordinator

Naval Station New York

10 Industrial Highway

Lester, PA 19011

(610) 595-0596; fax 0531; DSN 443

NAWC TRENTON

Mr. Barry Barclay

Base Transition Coordinator

ATTN: NAWC-AC/DIV

1440 Parkway Avenue

Trenton, NJ 08628-0176

(609) 538-6489; fax 6493

NAWC INDIANAPOLIS

Ms. Ruth Daughtery

Base Transition Coordinator

DoD Base Transition Field Office

Code 850000C1

6000 East 21st Street M/S 77

Indianapolis NAWC

Indianapolis, IN 46219-2189

(317) 306-7070; fax 3338; DSN 369

NAWC WARMINSTER

Mr. Thomas Ames

Base Transition Coordinator

c/o Caretaker Site Office

P. O. Box 2609

Warminster, PA 18974-0061

(215) 441-1112; fax 2801

NSWC LOUISVILLE

Ms. Rebecca Adkins

Base Transition Coordinator

P.O. Box 9049

Louisville, KY 40209

(502) 364-5890; fax 6798; DSN 989

NSY MARE ISLAND

Mr. Dennis Kelly

Base Transition Coordinator

Naval Facilities Engineering Command

Engineering Field Activity-West

900 Commodore Drive

San Bruno, CA 94066-2402

(650) 244-3014; fax 3803

NTC/NH ORLANDO

CAPT James Cannon

Base Transition Coordinator

4551 Kitty Hawk Center

STE 00B

Orlando, FL 32813-8360

(407) 646-5301; fax 4530; DSN 791

NTC SAN DIEGO

LCDR Robert D. Baker

Base Transition Coordinator

2860 Sims Road

Building 23

San Diego, CA 92106

(619) 524-1024; fax 4213; DSN 524

Army

ARMY RESEARCH LABORATORY

Mr. Charles F. Paone

Base Transition Coordinator

ARL/Caretaker Force (AMSRL-CSWT)

395 Arsenal Street

Watertown, MA 02172-2700

(617) 753-3804; fax 3813; DSN 955

BAYONNE MOT

Mr. Scot LaFerte

Base Transition Coordinator

Attn: MTRM-BTO

MTMC (Eastern Region)

Bayonne, NJ 07002-5302

(201) 823-6397; fax 6125; DSN 247

BELLMORE LOGISTICS 

ACTIVITY/FT TOTTEN

Ms. Linda A. Duncan

Base Transition Coordinator

Attn: AFZT-FHZ

New York Area Command

Fort Hamilton

Brooklyn, NY 11252

(718) 630-4510; fax 4709; DSN 232

CAMP BONNEVILLE

Mr. Anthony M. Salema

Base Transition Coordinator

HQ I Corp & Ft Lewis

Attn: DRM (Salema)

Ft Lewis, WA 98433-5000

(206) 967-0935/0954; fax 0980; DSN 

357

DETROIT ARSENAL

Mr. Paul D. Thorne

Base Transition Coordinator

US Army TACOM

Attn: AMSTA-RM-B (Thorne)

Warren, MI 48397-5000

(810) 574-5675; fax 6313; DSN 786

FITZSIMONS AMC

Mr. Lawrence Beach

Base Transition Coordinator

Attn: MCHG-BC

Commander Fitzsimons AMC

Aurora, CO 80045-5000

(303) 361-4992; fax 4896; DSN 943

FORT BENJAMIN HARRISON

LTC Robert Levoit

Base Transition Coordinator

5830 North Post Road, Suite 114

Indianapolis, IN 46216-5830

(317) 542-4188; fax 4543; DSN 699

FORT CHAFFEE

Mr. Warren L. Johnson

Base Transition Coordinator

1st Avenue, Building 2033

Barling, AR 72923

(501) 484-2083/2738; fax 2055; DSN 

962
Federal Points of Contact for Base Reuse

G-8 December 1997

FORT DEVENS/HINGHAM 

ANNEX/SUDBURY ANNEX

Mr. Daniel Drum

Base Transition Coordinator

AFRC-FMD-XO

30 Quebec Street

Devens, MA 01432-4429

(508) 796-3514; fax 3313; DSN 256

FT DIX/ CAMP KILMER/CAMP 

PEDRICKTOWN

Ms. Toni Alexander

Base Transition Coordinator

US Army

Building 5418, Room 230

Attn: AFZT-BTO 

Fort Dix, NJ 08640-5001

(609) 562-4425; fax 3830; DSN 944

FORT GREELY

Mr. Richard Anderson

Base Transition Coordinator

Fort Greely, Alaska

Unit 45825

APO AP 96508-5825

(907) 873-4629; fax 2722; 

DSN (317) 873-4629

FORT MCCLELLAN

Mr. Gary Harvey

Base Transition Coordinator

Attn: ATZN-PTS (Harvey)

U S Army Chemical School/Military 

Police Center

Fort McClellan, AL 36205-5000

(205) 848-3588; fax 5872; DSN 865

FORT MONMOUTH/CAMP EVANS

Mr. Michael Ruane

Base Transition Coordinator

HQ Communication & Electronic 

Command

Attn: AMSEL-CS

Ft. Monmouth, NJ 07703-5000

(908) 532-3906; fax 8685; DSN 992

FORT PICKETT

Vacant

Base Transition Coordinator

Attn: AFRC-FMP-PW

9th Street, Building 234

Fort Pickett, VA 23824-5000

(804) 292-8503; fax 2518; DSN 438

FORT RITCHIE

Mr. William M. Spigler

Base Transition Coordinator

Attn: ANRT-CD, Building 152

Commander US Army Garrison, Fort 

Ritchie

Cascade, MD 21719-6010

(301) 878-4104; fax 4013; DSN 277

FORT ORD

Ms. Kathleen M. Clack

Base Transition Coordinator

Fort Ord DLIFLC & Presidio of 

Monterey

Attn: AFZW-IC-BTC, Building 4463

Presidio of Monterey, CA 93944-5000

(408) 242-7590; fax 6608; DSN 878

FORT WINGATE ARMY DEPOT/

UMATILLA ARMY DEPOT

Mr. Malcolm Walden

Base Transition Coordinator

Tooele Army Depot

Attn: SDSTE-CO

Tooele, UT 84074-5001

(801) 833-3040; fax 3202; DSN 790

JEFFERSON PROVING GROUND

Mr. Michael J. Early

HQ USA TECOM

Attn: AMSTE-PL

Aberdeen Proving Ground, MD 21005-

5055

(410) 278-1189; fax 8715; DSN 298

LETTERKENNY AD

Mr. Garry E. Gontz

Base Transition Coordinator

Letterkenny Army Depot

Attn: SIOLE-COT, Bldg. 522

Chambersburg, PA 17201-4150

(717) 267-9815; fax 9771; DSN 570

LEXINGTON ARMY DEPOT

Ms. Linda Sue Neal

Base Transition Coordinator

Attn: SIOBG-BM-P

Bluegrass Army Depot

2091 Kingston Highway

Richmond, KY 40475-5000

(606) 625-6652; fax 6320; DSN 745

OAKLAND AB

Mr. Thomas P. Galvin

Base Transition Coordinator

Oakland Army Base

100 Alaska Street, Suite 2214

Oakland, CA 94626-2214

(510) 466-4248; fax 4245; DSN 859

PUEBLO DEPOT ACTIVITY

Mr. David Vigil

Base Transition Coordinator

Pueblo Chemical Depot

Pueblo, CO 81001-5000

(719) 549-4148; fax 4617; DSN 749

RED RIVER AD

Mr. Dennis L. Lewis

Base Transition Coordinator

Red River Army Depot

100 Main Drive, Building 15

Attn: SIORR-BCTO (Lewis)

Texarkana, TX 75507-5000

(903) 334-5045; fax 5055; DSN 829

SAVANNA AD

Mr. Arlen H. Dahlman

Base Transition Coordinator

Savanna Army Depot

Attn: SIOSV-A (Dahlman)

Savanna, IL 61074-9636

(815) 273-8311; fax 6025; DSN 585

SENECA AD

Mr. John Cleary

Base Transition Coordinator

Attn: SDSIO-BTC (Cleary)

Seneca Army Depot Activity

Romulus, NY 14541-5001

(607) 869-1235; fax 1394; DSN 489-5235

SIERRA AD

Mr. Larry Weed

Base Transition Coordinator

Sierra Army Depot

74C Street (Attn: Weed)

Herlong, CA 96113

(916) 827-4892; fax 4893; DSN 855

STRATFORD ARMY ENGINE PLANT

Mr. Frederic D. Hyatt

Base Transition Coordinator

550 South Main Street

Stratford, CT 06497

(203) 385-4314; fax 6602

TOOELE ARMY DEPOT

Mr. Terry L. Thompson

Base Transition Coordinator

Tooele Army Depot

Attn: SDSTE-DCBO

Tooele, UT 84074-5001

(801) 833-2211; fax 2810; DSN 790

VINT HILL FARMS STATION

Ms. Nancy Williams

Base Transition Coordinator

DoD Base Transition Field Office

Vint Hill Farms Station

Warrenton, VA 20187-5010

(540) 349-5040; fax 6866; DSN 229

HDL WOODBRIDGE

Mr. Todd A. Waltemyer

Base Transition Coordinator

Attn: AMSRL-CS-AL-WB

2800 Powder Mill Road

Adelphi, MD 20783

(703) 490-2511; fax 2507

Defense Logistics Agency

DEFENSE DEPOT MEMPHIS

Mr. John DeBack

Base Transition Coordinator

Attn: DDMT-DO/Building 144, Room 

140B

2163 Airways Boulevard. 

Memphis, TN 38114-5210

(901) 544-0622; fax 0623

DEFENSE DEPOT OGDEN

Ms. Kathleen H. Mallis

Base Transition Coordinator

Attn: DDOU-DB

500 West 12th Street

Ogden, UT 84407-5000

(801) 399-7971; fax 6927; DSN 352

DPSC PHILADELPHIA

Mr. Dennis Palladino

Base Transition Coordinator

Attn: DPSC-DO

2800 South 20th Street

Philadelphia, PA 19145-5099

(215) 737-5802; fax 8131; DSN 444